Agenda packet — American Canyon City Council, November 19, 2024 (part 16 of 16)

1 3
2 2870
BAGINSKI 1

Page 2 of 3 ends

3 CONT
4 5
6 7
2871
BAGINSKI 1

Page 3 of 3 ends

7 CONT
8 9
10 11
2872

THIS PAGE INTENTIONALLY LEFT BLANK
2873
City of American Canyon—SDG Commerce 220 Distribution Center Project Final EIR Responses to Written Comments
FirstCarbon Solutions 2-219 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx Individuals
Yvonne Baginski (First Letter) (BAGINSKI 1)
Response to BAGINSKI 1-1
The commenter states that the Draft EIR is moot and argues that there is no accurate measure of environmental or wildlife impact due to the fenced off wetlands and graded portions of the project site.

The recent grading on-site was completed as part of the construction of the adjacent SDG Commerce 217 Distribution Center Project (PL20-0008) and completed under a grading permit issued by the City of American Canyon. In accordance with CEQA, the grading was considered in the Initial Study prepared for the SDG Commerce 217 Project (Final Initial Study dated February 2021) and mitigation measures were implemented as applicable.

The biological analysis for the proposed project is based on pre-graded site conditions, as noted in the Draft EIR Section 3.3.3, Environmental Settings, and describes the site’s pre-graded habitat as containing Avena spp. -Bromus spp. Herbaceous Semi-Natural stands, a linear wetland, and seasonal wetlands. The Project Impacts and Mitigation Measures sections of the Draft EIR were based on impacts to these habitat types and therefore demonstrates accurate measures to mitigate environmental and wildlife impacts. Large areas of vegetation were graded between May 29 and July 2, 2023, via an approved grading permit issued by the City of American Canyon in March 2023 in relation to the adjacent SDG Commerce 217 project. The grading did not encroach into the wetlands features or associated wetland buffer areas, but effectively eliminated non-native grassland throughout much of the site. However, MM BIO-1a through MM BIO-1e account for surveying outside of the project site and into ungraded buffer zones and would therefore account for projectrelated impacts to environmental conditions and listed species. Additionally, if graded habitat is left untouched, habitat for special-status species could reemerge on-site. Therefore, regardless of Cityapproved grading on-site, MM BIO-1a through MM BIO-1e remain valid because they would reduce environmental and wildlife impacts to less than significant levels under CEQA.

Response to BAGINSKI 1-2
The commenter argues that the decline in wildlife after construction is not verifiable without a previous understanding of wildlife levels on the project site and within the project area, but a decline in wildlife is evident since construction started.

Under CEQA, the proposed project is responsible for demonstrating that project impacts would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFW or United States Fish and Wildlife Service (USFWS). Additionally, under CEQA, the proposed project must not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of wildlife nursery sites. Draft EIR Section 3, Biological Resources, provides information on the status of the project site (and surrounding areas as applicable), including wildlife, prior to project implementation. With implementation of MM BIO-1a through MM 2874
City of American Canyon—SDG Commerce 220 Distribution Center Project Responses to Written Comments Final EIR
2-220 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx BIO-1e, project impacts to CEQA-protected resources would be less than significant. CEQA does not mandate that projects mitigate for apparent declines in general wildlife levels post-construction.

Response to BAGINSKI 1-3
The commenter states that monarch butterflies have been seen in the eucalyptus trees directly adjacent to the project site and argues that, at this time, there are no protections in place for the eucalyptus trees or species (such as birds, bats, or monarchs) that may be affected by noise, light, fumes, or dust produced through construction activities.

As described in Impact BIO-1 in Section 3.3.7 of the Draft EIR, there is a potential for the monarch butterfly to overwinter in the eucalyptus woodland adjacent to the site. It is also acknowledged that construction activities, including dust, noise, and vibration adjacent to overwintering colonies could result in loss of overwintering monarch butterflies. As stated in Baginski 1, large areas of vegetation were graded between May 29 and July 2, 2023, via an approved grading plan issued by the City of American Canyon in March 2023. Moreover, grading occurred between November 1 and July 31, 2023, which, as stipulated in MM BIO-1g, is outside of the overwintering season. However, regardless of grading in 2023, MM BIO-1g requires a pre-construction survey (and avoidance of all direct and indirect impacts to overwintering colonies) for construction activities that take place during the overwintering season. Therefore, MM BIO-1g remains valid because it would reduce any potential impacts on monarch butterfly to less than significant levels under CEQA.

Similarly, Impact BIO-1 also states that areas adjacent to the project site provide suitable nesting habitat for a variety of species of nesting birds, including special-status bird species such as northern harrier, golden eagle, white-tailed kite, and others. Disturbed grassland and barren areas provide potential nesting opportunities for ground nesting birds. Additionally, trees adjacent to the site could provide suitable bat roosting habitat, including for special-status bats such as pallid bat. Construction activities that occur during the avian nesting season (generally February 1 to August 31) and the roosting season could disturb protected nesting and roosting sites within the construction footprint and within disturbance distance. Grading and the removal of vegetation during the nesting and roosting season could result in direct harm to nesting birds and roosting bats, while noise, light, and other construction-related disturbances may cause nesting birds or roosting bats adjacent to the vegetation removal areas to abandon their nests/roosts. City-approved grading did occur between May 29 and July 2, 2023 (in relation to the adjacent SDG Commerce 217 project), but construction related to Commerce 220 has not commenced. Therefore, regardless of City-approved grading onsite, with implementation of MM BIO-1d and MM BIO-1e, which require pre-construction nesting bird and roosting bat surveys and avoidance of direct and indirect impacts on nests and roosts, potential project-related impacts on protected bird nests and bats would be reduced to a less than significant level under CEQA. Therefore, special-status species would be protected prior to project initiation.

Response to BAGINSKI 1-4
The commenter questions how the wetlands on-site will be maintained, managed, and protected and who will be responsible for their upkeep. The commenter also questions what the purpose of the wetlands is if wildlife is potentially denied access to them due to current barriers. The commenter wonders if the asphalt barrier in between the wetlands can be removed, if a wildlife 2875
City of American Canyon—SDG Commerce 220 Distribution Center Project Final EIR Responses to Written Comments
FirstCarbon Solutions 2-221 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx corridor can be made from the wetlands to the North Slough or between the two wetlands, and if there is a management plan for the wetlands.

CEQA requires the proposed project not have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Because hydrological connection for the wetlands would not be impacted by the proposed project due to compliance with applicable laws and regulations related to jurisdictional waters and wetlands (see Section 3.3.4, Regulatory Framework) and the implementation of wetland buffer avoidance areas, additional maintenance, management, and protection is not required for these wetlands. Additionally, as described in Impact BIO-2 of the Draft EIR, protected wetlands fall under the jurisdiction of State and federal agencies.

These agencies require protection of potential jurisdictional wetland features regardless of their availability to support wildlife.8
Response to BAGINSKI 1-5
The commenter questions where roosting bats go when evicted and states that eucalyptus trees are not protected and slated to be cleared. The commenter also states that there are no conservation areas for bats, birds, and butterflies and wonders if the property owner would consider placing bat roosting boxes and a raptor nest site on the property.

These comments are noted. There is significant adjacent eucalyptus habitat to the east and west of the project site that would provide adequate habitat to any evicted bats, though evictions would only be necessary from May 1 through October 1 and would be conducted by a qualified Biologist.

There are no eucalyptus tree protections in place within the Draft EIR because no eucalyptus trees are located within the project boundary and therefore no eucalyptus trees would be removed as part of project initiation. Therefore, no eucalyptus tree protection is required. Removal of eucalyptus trees on adjacent property is beyond the purview of the proposed project and related CEQA analysis.

Additionally, roosting bat and nesting bird (including raptor) mitigations are covered under MM BIO1a through MM BIO-1e and would reduce impacts to roosting bats and nesting birds to a less than significant level under CEQA. Therefore, roosting bat boxes and raptor nest sites on the property are not required under CEQA, but the applicant shall be consulted as to the optional addition of these elements.

Response to BAGINSKI 1-6
The commenter asks whether it is possible for landscaping within the project site to contain native plants, including milkweed and flowering plants for monarchs and questions whether the landscape architect is working with a wildlife Biologist to develop habitat replacement.

The project’s proposed landscaping plan incorporates drought-tolerant species in accordance with the provisions of the Water Conservation and Landscape Act, but no laws or regulations require the project to plant native species or meet additional landscaping criteria. The comment discusses a 8 California Department of Transportation (Caltrans). Chapter 3 – Waters of the U.S. and the State. 2024. Website:
https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference-ser/volume-3-biological-resources/ch-3- waters-of-the-us-and-state#3-3.1. Accessed September 24, 2024. 2876
City of American Canyon—SDG Commerce 220 Distribution Center Project Responses to Written Comments Final EIR
2-222 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx non-mandatory request of the applicant. No project-specific environmental issues are raised, and no CEQA response is required.

Response to BAGINSKI 1-7
The commenter requests that the project developer please consider no pesticides/herbicides/bait stations to protect wildlife and restrict rodent killing to snap traps only.

The comment discusses a non-mandatory request of the applicant. No project-specific environmental issues are raised, and no CEQA response is required. Response to BAGINSKI 1-8 The commenter questions whether the landscape architect will consult with wildlife biologists on what could be done to enhance wildlife habitat on the property due to the loss of wildlife habitat onsite.

Sensitive natural community (seasonal wetlands) located within the project site has been actively avoided through a buffer. The remaining site does not contain significant habitat value. Please see Response to BAGINSKI 1-6 above.

Response to BAGINSKI 1-9
The commenter questions whether the proposed project would utilize Marin Clean Energy (MCE) or Pacific Gas and Electric Company (PG&E) for electricity, whether there would be rooftop solar systems, and whether there would be an EV charging station on-site for employee/visitor vehicles.

The proposed project would utilize MCE or PG&E for electricity. There would be rooftop solar systems, and there would be an EV charging station on-site for employee/visitor vehicles. As described in Section 3.5, Energy, of the Draft EIR, MCE would procure and PG&E would deliver electricity to the proposed project. Furthermore, the proposed project would install solar on the building rooftop and would produce an estimated 235,000 kilowatt-hours (kWh) per year.

Additionally, the proposed project would provide five EVSE stalls, one van accessible EVSE stall, and 19 EV-capable stalls.

Response to BAGINSKI 1-10
The commenter questions whether the landscaper could meet with the Napa-Solano Audubon Society to create a plants and nesting site plan that would be conducive to the area.

Please see Response to BAGINSKI 1-6 above.

Response to BAGINSKI 1-11
The commenter recommends implementing a jurisdictional “no killing of any wildlife” rule during and after construction where any wildlife injured would be taken immediately to the local wildlife rehabilitation center and that signs be posted throughout the construction area to that effect.

Implementation of MM BIO-1a through MM BIO-6 would reduce the likelihood of loss of wildlife.

Additionally, pursuant to CEQA requirements, only special-status species require mitigation to reduce/avoid impacts (see MM BIO-1a through MM BIO-6).
2877
3 2878
3 4
5 2879
City of American Canyon—SDG Commerce 220 Distribution Center Project Final EIR Responses to Written Comments
FirstCarbon Solutions 2-225 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx Yvonne Baginski (Second Letter) (BAGINSKI 2)
Response to BAGINSKI 2-1
The commenter states that the project site has already been graded and the trees have been cut down, leaving only two small wetlands to protect. The commenter asks who will manage these wetlands and protect them from further destruction. The commenter further asks whether the wetlands will be a protected corridor accessible to wildlife and who will measure the wildlife numbers using these wetlands.

In 2011, the Napa County Superior Court granted an approval to grade the property as part of a cleanup plan to comply with a Final Judgment and Stipulation (Case No. 26-07165 City of American Canyon vs. Robert L. Couch Jur, et al.). More recently, additional grading on-site was completed as part of the construction of the adjacent SDG Commerce 217 Distribution Center Project (PL20-0008) and completed under a grading permit issued by the City of American Canyon (GR23-0001). In accordance with CEQA, the grading was considered in the Initial Study prepared for the SDG Commerce 217 Project (Final Initial Study dated February 2021) and mitigation measures were implemented as applicable.

The biological analysis for the proposed project is based on pre-graded site conditions, as noted in the Draft EIR Section 3.3.3, Environmental Setting, and depicts the site’s pre-graded habitat as containing Avena spp. -Bromus spp. Herbaceous Semi-Natural stands, a linear wetland, and seasonal wetlands. The Project Impacts and Mitigation Measures section of the Draft EIR was based on impacts to these habitat types and therefore demonstrates accurate measures to mitigate environmental and wildlife impacts pre-grading. Section 3.3, Biological Resources, of the Draft EIR, provides information on the status of the project site (and surrounding areas as applicable), including wildlife, prior to project implementation. With implementation of MM BIO-1a through MM BIO-1e, project impacts to CEQA-protected resources would be less than significant.

As described in the Draft EIR, the proposed project would avoid all impacts on potential jurisdictional wetland features through the implementation of a wetland buffer avoidance area, and the project site does not function as a critical wildlife movement corridor. Therefore, potential impacts on wildlife movement are less than significant. Additionally, the wetlands present on-site provide only marginal habitat and do not require future management or mitigation outside out what has already been detailed within the EIR’s mitigation measures.

Response to BAGINSKI 2-2
The commenter states that monarch butterflies have been seen in the eucalyptus trees directly adjacent to the project site and argues that, at this time, there are no protections in place for the eucalyptus trees or species (such as birds, bats, or monarchs) that may be affected by noise, light, fumes, or dust produced through construction activities. The commenter also asks if the proposed project could put bat boxes and roosting areas for wildlife, as well as plant native trees and vegetation in the landscaping.

As described in Impact BIO-1 in Section 3.3.7 of the Draft EIR, there is a potential for the monarch butterfly to overwinter in the eucalyptus woodland adjacent to the site. It is also acknowledged that construction activities, including dust, noise, and vibration adjacent to overwintering colonies could 2880
City of American Canyon—SDG Commerce 220 Distribution Center Project Responses to Written Comments Final EIR
2-226 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx result in loss of overwintering monarch butterflies. However, MM BIO-1g includes a pre-construction survey and, if found, avoidance in coordination with USFWS and CDFW would be implemented to reduce any potential impacts on monarch butterfly to less than significant levels under CEQA.

Similarly, Impact BIO-1 also states that areas adjacent to the project site provide suitable nesting habitat for a variety of species of nesting birds, including special-status bird species such as northern harrier, golden eagle, white-tailed kite, and others. Disturbed grassland and barren areas provide potential nesting opportunities for ground nesting birds. Additionally, trees adjacent to the site could provide suitable bat roosting habitat, including for special-status bats such as pallid bat. Construction activities that occur during the avian nesting season (generally February 1 to August 31) and the roosting season could disturb protected nesting and roosting sites within the construction footprint and within disturbance distance. Grading and the removal of vegetation during the nesting and roosting season could result in direct harm to nesting birds and roosting bats, while noise, light, and other construction-related disturbances may cause nesting birds or roosting bats adjacent to the vegetation removal areas to abandon their nests/roosts. However, with implementation of MM BIO1d and MM BIO-1e, requiring pre-construction nesting bird and roosting bat surveys and avoidance of direct and indirect impacts on nests and roosts, potential project-related impacts on protected bird nests and bats would be reduced to a less than significant level under CEQA. Therefore, specialstatus species would be protected, and no roosting bat boxes or raptor nest sites on the project site would be required.

Response to BAGINSKI 2-3
The commenter argues that the wetlands would be surrounded by concrete and the truck movements would destroy any wildlife attempting to access them. The commenter asks whether a riparian habitat could be developed around the wetlands and if wildlife corridors would be considered. The commenter states that the project site is close to the estuary, making it a natural congregation place for wildlife. The commenter further asks whether the landscape architect would work with a wildlife Biologist to develop the best habitat possible to replace what has been removed, if pollinator-friendly landscaping could be included, and if the landscaper would consider native plants.

CEQA requires that the proposed project not have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. The on-site wetlands do not currently have a hydrological connection to any other wetlands. Project-related wetlands impacts will comply with applicable laws and regulations related to jurisdictional waters and wetlands (see Section 3.3.4, Regulatory Framework). Implementation of a wetland buffer avoidance area, additional maintenance, management, and protection is not required for these wetlands. Additionally, as 2881
City of American Canyon—SDG Commerce 220 Distribution Center Project Final EIR Responses to Written Comments
FirstCarbon Solutions 2-227 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx described in Impact BIO-2 of the Draft EIR, protected wetlands fall under the jurisdiction of State and federal agencies.

The existing temporary and proposed barriers surrounding the wetlands cannot be removed as they define the buffer avoidance areas that protect the wetlands from encroaching construction and operational activities. Elimination of the barriers would potentially subject the wetlands to construction- and operational-related impacts and remove the project from CEQA compliance.

Additionally, it is inadvisable to argue for a wildlife corridor to travel through an active, graded construction site nor an active warehouse operation. This could potentially expose wildlife to additional risks. Furthermore, the project site does not serve as a wildlife movement corridor, as discussed in Impact BIO-3 of the Draft EIR. Lastly, a management plan is not required under CEQA for these wetlands as adherence to applicable laws and regulations listed in Section 3.3.4, Regulatory Framework, of the Draft EIR would lower impacts to the wetlands to a less than significant level under CEQA.

Response to BAGINSKI 2-4
The commenter requests that the project developer please consider no pesticides/herbicides/bait stations to protect wildlife.

The comment discusses a non-mandatory request of the applicant. No project-specific environmental issues are raised, and no further CEQA response is required.

Response to BAGINSKI 2-5
The commenter asks whether the proposed project would utilize MCE or PG&E.

As discussed in Section 3.5, Energy, of the Draft EIR, the proposed project would utilize electricity procured by MCE and delivered by PG&E.
2882

THIS PAGE INTENTIONALLY LEFT BLANK
2883

GOYETCHE
2884

GOYETCHE
2885
City of American Canyon—SDG Commerce 220 Distribution Center Project Final EIR Responses to Written Comments
FirstCarbon Solutions 2-231 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx Jeannette Goyetche (GOYETCHE)
Response to GOYETCHE-1
The commenter asks what kind of environmental report can be done for the project site because it appears that the project site has already been graded and prepared for construction.

See Response to BAGINSKI 2-1 regarding recent on-site grading.

Response to GOYETCHE-2
The commenter states that there are many endangered species within the project vicinity and argues that the cumulative effect of construction would impact these special-status species.

As described in Section 3.3, Biological Resources, of the Draft EIR, the proposed project would have less than significant impacts on special-status species within the project vicinity with the implementation of MM BIO-1a through MM BIO-1g. Section 3.3.8 of the Draft EIR also analyzed potential cumulative impacts with regard to biological resources, which would be less than significant with mitigation incorporated.

Response to GOYETCHE-3
The commenter asks about the plan for the wetlands on-site, which are currently fenced off. The commenter asks about the protection features for the wetlands, expressing concern about concrete and noise. The commenter also asks if there has been a study on the proximity of the proposed project on the wetlands to the west of the project site.

Refer to Response to BAGINSKI 2-3.

Response to GOYETCHE-4
The commenter states that the proposed project would have a significant and unavoidable cumulative impact related to VMT.

As discussed in Section 3.13, Transportation, of the Draft EIR, the proposed project would have significant and unavoidable impacts related to VMT, both individually and cumulatively, even with the incorporation of mitigation. The proposed project would implement MM TRANS-2, which requires the implementation of a TDM program to reduce VMT to the greatest extent feasible. The nearest bus stop to the project site is 1.3 miles away and serves only limited destinations; therefore, given the land use context of the project area and per the California Air Pollution Control Officers Association (CAPCOA) Handbook, a TDM program is estimated to result in a VMT reduction of approximately 4 percent. As such, even with the implementation of mitigation, impacts related to VMT would remain significant and unavoidable.

Response to GOYETCHE-5
The commenter expresses concern about the potential impacts of air and noise pollution on the wildlife and the neighboring elementary school.

As described in Section 3.2, Air Quality, of the Draft EIR, the proposed project would have less than significant impacts related to air quality with mitigation incorporated. The proposed project would not expose sensitive receptors to substantial pollutant concentrations, such as students at the 2886
City of American Canyon—SDG Commerce 220 Distribution Center Project Responses to Written Comments Final EIR
2-232 FirstCarbon Solutions https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec02-00 Responses to Written Comments.docx elementary school. Additionally, as described in MM AIR-1, the proposed project would be required to implement BAAQMD Best Management Practices (BMPs) to control dust during construction. This would reduce impacts related to air quality to the greatest extent feasible.

As described in Section 3.11, Noise, of the Draft EIR, the proposed project would have less than significant impacts related to noise without mitigation. As such, the proposed project would not significantly impact sensitive receptors with regard to noise.

Additionally, as discussed in Section 3.3, Biological Resources, of the Draft EIR, the proposed project would implement MM BIO-1a through MM BIO-1g, which would reduce impacts to special-status species during construction.

Response to GOYETCHE-6
The commenter explains the Zoning District for the proposed project and questions how a warehouse is considered Recreation.

As described in the Draft EIR, the project site is zoned Recreation (REC) by the City’s Zoning Map. A Recreation Zoning District Code Amendment (Ordinance No. 2018-01) was adopted by the City Council on January 16, 2018. The Ordinance allows wine-related warehousing and distribution facilities as a conditionally permitted use within the REC zoning district. Per Municipal Code Section

19.15.020, winery related uses, including such activities as bottling, storage, logistics, distribution, wine packing and wine-related services, are conditionally permitted within the Recreation zone subject to approval of a use permit by the planning commission. The proposed project would develop a 219,834-square-foot wine warehouse on the project site. As such, the proposed project would be consistent with the conditionally permitted uses of the REC zoning district.

The proposed project would also be consistent with the Municipal Code’s applicable development standards for the Recreation zone as outlined in Table 3.10-3 of the Draft EIR. 2887
City of American Canyon—SDG Commerce 220 Distribution Center Project Final EIR Errata
FirstCarbon Solutions 3-1 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/EIR/3 - Final EIR/56390001 Sec03-00 Errata.docx SECTION 3: ERRATA
The following are revisions to the Draft EIR for the SDG Commerce 220 Distribution Center Project.

These revisions are minor modifications and clarifications to the document, and do not change the significance of any of the environmental issue conclusions within the Draft EIR. The revisions are listed by page number. All additions to the text are underlined (underlined) and all deletions from the text are stricken (stricken).

3.1 - Changes in Response to Specific Comments
Section 3.2, Air Quality

Page 3 ends

The following text has been added to provide clarification.

Operational emissions typically include area, energy, and mobile sources. Area sources would include emissions from architectural coatings, consumer products, and landscape equipment. Energy sources would include emissions from the combustion of natural gas for water heaters and other heat sources; however, there is no natural gas for heaters and other heat sources associated with the proposed project. Therefore, as shown in Table 3.215, emissions associated with energy are zero.

Mobile sources include exhaust and road dust emissions from the automobiles that would travel to and from the project site. Pollutants of concern include ROG, NOX, PM10, and PM2.5.

Section 3.3, Biological Resources

Page 3 ends

The following edit has been made to clarify the use of the term, vagrant.

The remaining eight species (and functional groups like nesting birds and roosting bats that include special-status species) could have at least theoretical potential to occur on-site, perhaps as vagrant, dispersing, or foraging individuals, and are therefore discussed in more detail below. Note that the term vagrant is used in this context to describe a species that could disperse or wander into the project site prior to project construction but does not nest on-site.

Page 3 ends

The following edit has been made to fix an erroneous typo. • FirstCarbon Solutions (FCS). 2023. Pre-Construction Surveys and Implementation of CEQA Mitigation Measures BIO-1, BIO-2, BIO-3, and BIO-4, and BIO-5 per the Mitigation Monitoring and Reporting Program for the Commerce 217 Warehouse Project, American Canyon, California. April 2023.
2888

THIS PAGE INTENTIONALLY LEFT BLANK
2889
City of American Canyon—SDG Commerce 220 Distribution Center Project Final EIR
Appendix A:

Swainson Hawk Mitigation Support
FirstCarbon Solutions
SDG Commerce 220 EIR and CUP -
Attachment 1.13 - Exhibit C: FEIR
Appendix
2890

THIS PAGE INTENTIONALLY LEFT BLANK
2891
Caution: This is an external email and may contain suspicious subject or content. Please take care when clicking links or opening attachments. When in doubt, please contact your IT Department
From: Jim Estep
To: Janna Waligorski
Cc: Robert Carroll; Maddie Dolan; Mary Bean
Subject: RE: Request for Swainson Hawk Mitigation Support Date: Thursday, August 22, 2024 12:41:31 PM
Attachments: image002.png
Hi Janna,
I am not available to take on any tasks until at least the first of the year. However, I did a quick review of the bio section for your project, and despite the SWHA section being a bit out of date and misleading (although not particularly relevant to the impact/mitigation) (for example, CV SWHA are not known to winter in the Argentinian Pampas where the use of the pesticide issues were identified – see Airola et al. 2019, JRR 53(3)), I think the mitigation and use of the 600-foot buffer is appropriate. You might point out to the CDFW folks that there never was any data-supported rationale for the 0.5 mile buffer. This distance was selected to maximally ensure that disturbance impacts would not influence nesting behavior or success. In that regard, and due to the lack of information at the time, although arbitrary it was appropriate that the buffer be highly conservative.

Today, however – 30 years after the guidelines were prepared – we have lots of experience and examples of the high degree of tolerance of nesting Swainson’s hawks to noise and other disturbances. Although a specific study has not been conducted to better establish a more datadriven buffer distance, we know that the 0.5 mile distance is unnecessarily large. We have many examples of active, successful nests immediately adjacent to a variety of disturbances. Most of the examples of disturbance-related nest abandonment that I am aware of involve direct impacts to nest trees or disturbances occurring in the immediate vicinity of active nests (including those caused by biologists closely observing nests for long periods). The 600-foot buffer identified in the SWHATAC guidelines originated from work that Mike Bradbury, formerly with DWR, was conducting on the barriers project in the Sacramento-San Joaquin Delta. Through a significant amount of monitoring of active nests, they determined that 600 feet was a reasonable buffer distance in most cases.

That said, it remains important to look at each case independently and to consider and minimize all potential disturbances. Other things also come into play, such as line-of-sight, topography, tree structure and height, and existing ongoing disturbances – such as roadways and proximity to existing development and related disturbances. Timing can also be important – the period of nest establishment and incubation (mid-March to mid-May) are the most sensitive. Once nestlings are present, the potential for nest abandonment decreases substantially. These can all be important in minimizing the chance of nest abandonment and establishing an appropriate no-disturbance buffer.

But the species is quite tolerant (note the use of roadside trees, urban nests, etc.), and a 0.5 mile buffer is unlikely to be necessary in most or all cases. So, I would support a 600-foot buffer as a general starting place, but an assessment of the specific site conditions should be conducted to support the findings and any remedies.

Jim
2892
Jim Estep
Estep Environmental Consulting
3202 Spinning Rod Way
Sacramento, CA 95833
916-921-2515
[email protected]
2893
2894
Mitigation Monitoring and Reporting Program
for the
SDG Commerce 220 Distribution Center Project
Environmental Impact Report
City of American Canyon, Napa County, California
Prepared for:

City of American Canyon
4381 Broadway Street, Suite 201
American Canyon, CA 94503
707.647.4337
Contact: William He, Senior Planner
Prepared by:

FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Janna Waligorski, Project Manager
Report Date: September 12, 2024
SDG Commerce 220 EIR and CUP -
Attachment 1.14 - Exhibit D: MMRP
2895

THIS PAGE INTENTIONALLY LEFT BLANK
2896
City of American Canyon–SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program Preface
FirstCarbon Solutions 3 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15097 require a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it adopts a Mitigated Negative Declaration (MND) in conjunction with a project approval.

The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.

The Draft EIR prepared for the proposed SDG Commerce 220 Distribution Center Project (proposed project) concluded that project implementation could result in potentially significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval that reduce these potential impacts to a less than significant level.

This MMRP documents how and when the mitigation measures adopted by the Lead Agency will be implemented and confirms that potential environmental impacts are reduced to less than significant levels as identified in the Draft EIR.

This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary. 2897

THIS PAGE INTENTIONALLY LEFT BLANK
2898
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 5 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Table 1: SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial

3.2 Air Quality MM AIR-1: Implement BAAQMD Best Management Practices to Control Dust During Construction The following dust control measures, as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included in the design of the proposed project and implemented during construction: x All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least two times per day and/or nontoxic soil stabilizers shall be applied to exposed nonpaved surfaces. x All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard. x All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. x All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
x All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. x Idling times shall be minimized either by shutting
equipment off when not in use or reducing the maximum idling time to 5 minutes, as required by the California Airborne Toxics Control Measure (ACTM) Title 13, Section 2485 of California Code of Regulations. Clear signage Incorporation into project construction documents. On-site inspection. Submittal of proof of implementation during construction.

Prior to issuance of a grading permit or building permit.

During construction.

During construction
City of American Canyon
2899
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 6 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
regarding idling restrictions shall be provided for construction workers at all access points. x All construction equipment shall be maintained and
properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. x The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The construction contractor shall take corrective action within 48 hours. The BAAQMD’s and the City’s phone numbers shall also be visible to ensure compliance with applicable regulations.

3.3 Biological Resources MM BIO-1a: Pre-construction Surveys for Swainson’s HawkPrior to ground disturbance that occurs during the nesting season for Swainson’s hawk (generally March 20 to July 20), a qualified Biologist shall conduct Swainson’s hawk nesting surveys within a 0.5-mile radius of the project site to determine whether nests are occupied. Occupancy shall be determined through observation of all accessible areas, including from public roads or other publicly accessible observation areas of Swainson’s hawk activity (e.g., foraging) on and near the project site. The qualified Biologist shall follow the survey protocol outlined in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, which recommends surveys according to the following survey periods:

I. January–March 20: Conduct one survey total.

Qualified Biologist preconstruction surveys and submittal of survey documents.

Prior to ground disturbance during nesting season (March 20 through July 20).

City of American Canyon; California Department of Fish and Wildlife (CDFW); Qualified Biologist; United States Fish and Wildlife Service (USFWS). 2900
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 7 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
II. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00 p.m. to sunset.

III. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:30 p.m. to sunset.

IV. April 21–June 10: Initiating surveys are not
recommended. Monitoring of known nest sites only.

V. June 10–July 30: (post-fledging) Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:00 p.m. to sunset.

Pre-construction surveys shall be completed for at least the two survey periods immediately prior to a project’s initiation.

MM BIO-1b: Swainson’s Hawk Avoidance and Minimization and Construction Monitoring Following the implementation of MM BIO-1a, if nests are located and determined to be occupied, minimization measures must be implemented, and construction monitoring conducted as follows: 1. Construction activities shall be prohibited within 600 feet of an active and occupied Swainson’s hawk nest, or within 600 feet of nests under construction, to prevent nest abandonment.

2. Notwithstanding the foregoing, if site-specific conditions or the nature of the construction activity (e.g., other nearby development, limited activities) indicate that a smaller buffer, or no buffer at all, could be used, the project applicant may seek approval from the qualified Biologist who in coordination with the California Department of Fish and Wildlife (CDFW) shall determine the appropriate buffer size, which, once approved, shall govern.

On-site monitoring by the Qualified Biologist if survey finds Swainson’s Hawk species.

During construction. City of American
Canyon; CDFW; Qualified Biologist; USFWS.
2901
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 8 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial

3. No tree containing an active Swainson’s hawk nest shall be removed.

MM BIO-1c: Pre-construction Surveys for Burrowing Owl (includes avoidance and passive relocation if found)A qualified Biologist shall conduct a habitat assessment for wintering burrowing owl, and surveys if habitat is present. The qualified Biologist shall follow the California Department of Fish and Wildlife (CDFW) 2012 Staff Report on Burrowing Owl Mitigation habitat assessment and survey methodology prior to project activities occurring during the burrowing owl wintering season from September 1 to January 31. The habitat assessment and surveys shall encompass a sufficient buffer zone to detect owls nearby that may be impacted, which shall be a minimum of 1,640 feet unless otherwise approved in writing by the CDFW. Surveys shall include four nonbreeding season surveys spread evenly throughout the nonbreeding season pursuant to the CDFW 2012 Staff Report. Time lapses between surveys or project activities shall trigger subsequent surveys, as determined by a qualified Biologist, including but not limited to a final survey within 24 hours prior to ground disturbance and before construction equipment mobilizes to the project area. The qualified Biologist shall have a minimum of 2 years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections. Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report, unless otherwise approved in writing by CDFW, and any eviction plan shall be subject to CDFW review. Please be advised that CDFW does not consider eviction of burrowing owls (i.e., passive removal of an owl from its burrow or other shelter) as a “take” avoidance, minimization, or mitigation measure; therefore, off-site habitat compensation shall be included in Qualified Biologist preconstruction surveys and submittal of survey documents Prior to project activities during the burrowing owl wintering season (September 1 through January 31 City of American Canyon; CDFW; Qualified Biologist; USFWS 2902
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 9 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
the eviction plan. Habitat compensation acreages shall be approved by CDFW, as the amount depends on-site-specific conditions and must be completed before project construction unless otherwise approved in writing by CDFW.

Habitat compensation shall also include placement of a conservation easement and preparation and implementation of a long-term management plan prior to project construction.

MM BIO-1d: Protection of Active Bird Nests (includes preconstruction survey and implementation of avoidance buffer, if found). 1. If the proposed project requires vegetation to be removed during the nesting season (February 1 to August 31), preconstruction surveys shall be conducted no more than 7 days prior to the start of ground or vegetation disturbance (including tree removal) to determine whether or not active nests are present within the project site and buffer area as appropriate.

2. If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated disturbance level. (The California Department of Fish and Wildlife [CDFW] recommends a minimum no-disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors.) A qualified Biologist shall delineate the avoidance buffer using Environmentally Sensitive Area (ESA) fencing, pin flags, and/or yellow caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s).

Qualified Biologist’s preconstruction survey and submittal of survey documents; on-site monitoring by the qualified Biologist if survey finds active bird or raptor nests Prior to ground or vegetation disturbance during nesting season (February 1 to August 31) City of American Canyon; CDFW; Qualified Biologist; USFWS 2903
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 10 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial

3. The qualified Biologist shall monitor the active nest during construction activities and modify the protection zone
accordingly to prevent project-related nest disturbance, until the young have fledged.

MM BIO-1e: Roosting Bat Pre-construction Survey and Avoidance A qualified Biologist with relevant roosting bat experience shall conduct a survey for special-status bats during the appropriate time of day to maximize detectability to determine whether bat species are roosting near the work area no less than 7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.) within 250 feet of project construction activities (where accessible).

If the Biologist determines or presumes bats are present, the Biologist shall exclude the bats from suitable spaces by installing one-way exclusion devices. After the bats vacate the space, the Biologist shall close off the space to prevent recolonization. Grading shall only commence after the Biologist verifies 7 to 10 days later that the exclusion methods have successfully prevented bats from returning. To avoid impacts on non-volant (i.e., nonflying) bats, the Biologist shall only conduct bat exclusion and eviction from May 1 through October 1. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young).

Qualified Biologist’s preconstruction bat survey and submittal of survey documents; on-site monitoring by the qualified Biologist if survey finds bat species 7 to 14 days prior to ground disturbance and/or construction City of American Canyon; CDFW; Qualified Biologist; USFWS MM BIO-1f: Protection of Western Pond Turtles A qualified Biologist (i.e., a Biologist with at least 2 years of experience conducting surveys for western pond turtle detections) shall submit a wildlife exclusion fencing plan to Submittal of wildlife exclusion fencing plan by qualified Biologist to CDFW; Qualified Biologist’s prePrior to construction City of American Canyon; CDFW; Qualified Biologist; USFWS 2904
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 11 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
the California Department of Fish and Wildlife (CDFW) for review and approval prior to starting construction. Exclusion fencing shall be installed along the western perimeter of the project site to prevent the species from traveling from North Slough onto the project site during construction. A qualified Biologist shall survey the project site and adjacent habitat within 72 hours of the start of project activities to determine whether western pond turtle or their nests are present and guide the installation of the exclusion fence. If western pond turtles are discovered, a qualified Biologist with experience handling and relocating the species shall move the species to the nearest suitable habitat outside of the project area and exclusion fencing. If western pond turtle nests are found, CDFW shall be notified prior to starting project activities, and the nest site plus a 50-foot buffer around the nest site shall be fenced with orange construction fence until eggs hatch and young turtles disperse to the adjacent North Slough. In addition, if nest(s) are located during surveys, moth balls (naphthalene) shall be sprinkled around the vicinity of the nest (no closer than 5 feet) to mask human scent and discourage predators. Grading within the nest site’s 50-foot buffer area shall be delayed until the young leave the nest as determined by a qualified Biologist. If the CDFW allows translocation of any nestling pond turtles this shall be completed by a qualified Biologist under the direction of the CDFW.
construction surveys and submittal of survey documents
MM BIO-1g: Protection of Overwintering Monarch Butterfly Activities such as vegetation removal, grading, or initial ground-disturbing activities shall be conducted between November 1 and July 31 (outside of the overwintering season) to the extent feasible. If such activities must be initiated during the overwintering season (August 1 through October 31), a pre-construction overwintering survey shall be conducted by a qualified Biologist no more than 7 days prior Qualified Biologist preconstruction overwintering survey and submittal of survey documents 7 days prior to vegetation removal, grading, or initial ground disturbance if occurring during Overwintering season (August 1 through October 31) City of American Canyon; CDFW; Qualified Biologist; USFWS 2905
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 12 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
to vegetation removal, grading, or initial ground disturbance. The survey shall include the disturbance area and surrounding 250 feet to identify the location and status of any colonies that could potentially be affected either directly or indirectly by project activities. If no colonies are present, then project activities can commence as scheduled. If a colony is present, project construction shall cease immediately to avoid all direct and indirect impacts and report the presence of the colony to the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) and follow all recommendations provided by USFWS and CDFW.3.4 Cultural-Tribal Cultural Resources MM CUL-1a: All construction personnel directly involved with project-related ground disturbance shall attend a “tailgate” Worker Environmental Awareness Program (WEAP) training for archaeological resources. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology.

Qualified Archaeologist’s WEAP training
Prior to ground disturbance or construction
City of American Canyon; Qualified Archaeologist
MM CUL-1b: An Archaeological Monitor reporting to the qualified Archaeologist, shall be present during the clearing, grading, and trenching phases of the proposed project to check for the inadvertent discovery of archaeological resources or human remains. Over the course of the proposed project, should the Archaeologist determine that the probability of inadvertent discovery is low, they may make a recommendation to the lead agency that monitoring Qualified Archaeologist’s on-site monitoring
During clearing, grading, and trenching phases
City of American Canyon; Qualified Archaeologist
2906
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 13 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
be reduced to regular periodic or “spot-check” monitoring, or that monitoring may cease altogetherMM CUL-1c: If buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the lead agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Master Plan area should be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA Guidelines. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the lead agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the lead agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the lead agency where they would be Inclusion of discovery clause in all construction contracts.

Qualified Archaeologist’s recommendations if any cultural or historical resources are discovered. County notification if historical or archaeological materials are encountered.

Provision of Section 15064.5 permit(s) and copy of DPR 523 forms; Qualified Archaeologist’s submittal of findings and documentation Prior to grounddisturbing activities.

During grounddisturbing activities prior to excavation. During grounddisturbing activities.

During grounddisturbing activities
City of American Canyon; Qualified Archaeologist
2907
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 14 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
afforded long-term preservation to allow future scientific study. MM CUL-3: In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98.

Notes on construction plans; Site inspection; Submittal of documentation During grounddisturbing activities City of American Canyon; 2908
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 15 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
x The NAHC is unable to identify an MLD or the MLD
failed to make a recommendation within 48 hours after being notified by the commission. x The descendant identified fails to make a
recommendation.
x The landowner or authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.

Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains:
x When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in Public Resources Code Section 5097.98. The applicant may develop a plan with respect to their respective individual development proposals for treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native American Burials with the appropriate Native Americans as identified by the NAHC.

3.6 Geology, Soils, and Seismicity MM GEO-1: Prior to the issuance of the building permit, recommendations from the Geotechnical Engineering Investigation prepared by Krazan & Associates [Draft EIR Appendix E] shall be incorporated into all project plans and applicable construction-related permits and submitted to the City of American Canyon for review and approval.

Incorporation into project construction documents
Prior to Issuance of building permit
City of American Canyon
Implementation of MM HYD-1.
2909
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 16 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
MM GEO-5: Although extremely unlikely, should any significant paleontological resources (e.g., bones, teeth, wellpreserved plant elements) be unearthed by the construction crew, their activities shall be diverted at least 15 feet from the find until a professional Paleontologist has assessed it and, if deemed significant, salvaged in a timely manner. Collected fossils shall be deposited in an appropriate repository, such as the University of California Museum of Paleontology (UCMP), where they shall be properly curated and made available for future research.

Qualified Paleontologist documentation of discovery and submittal of documents. Qualified Paleontologist’s notification to appropriate agencies During construction During construction
City of American Canyon; Qualified Paleontologist

3.9 Hydrology and Water Quality MM HYD-1: Prior to the issuance of grading permits or building permits (whichever occurs first), the project applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit) (Order WQ 2022-0057-DWQ, NPDES No. CAS000002) by preparing a Storm Water Pollution Prevention Plan (SWPPP) and submitting it, along with a Notice of Intent (NOI), to the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB). The City of American Canyon shall confirm that the applicant has prepared a SWPPP and obtained coverage under the General Permit prior to issuance of grading or building permits. The SWPPP shall identify a practical sequence for Best Management Practice (BMP) implementation and maintenance, site restoration, contingency measures, responsible parties, and agency contacts. The SWPPP shall address both the project site and adjacent parcel where soil stockpiles would be removed and the borrow pit would be created to provide fill for the project site. The SWPPP shall include but not be limited to the following elements:

Submittal of SWPPP and Notice of Intent (NOI) to the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB).

Submittal of documents to
the City of American Canyon.

Incorporation of SWPPP into construction documents.

Prior to the issuance of grading permits or building permits (whichever occurs first) City of American Canyon; San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB) 2910
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 17 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
x Temporary erosion control measures shall be employed for disturbed areas.
x No disturbed surfaces shall be left without erosion control measures in place during the winter and spring months. Disturbed areas shall be covered with soil stabilizers, mulch, fiber rolls, or temporary vegetation. x Sediment shall be retained on-site by a system of sediment basins, traps, or other appropriate measures. Drop inlets shall be lined with filter fabric/geotextile. x Discharge from the stormwater system shall be diffused in such a way as to mimic existing overland flow conditions. x The construction contractor shall prepare Standard
Operating Procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains. This may include locating construction-related equipment and processes that contain or generate pollutants in a secure way, away from storm drains, gutters, and wetlands; parking, fueling, and cleaning all vehicles and equipment in the secure area; designating concrete washout areas; and preventing or containing potential leakage or spilling from sanitary facilities. x BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the RWQCB to determine adequacy of the measure. x In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance as 2911
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 18 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
an interim erosion control measure throughout the wet season.

Prior to issuance of grading permits for the proposed project, the applicant shall submit to the City of American Canyon for review and approval a SWPPP in accordance with the requirements of the Statewide General Permit. The SWPPP shall be implemented during construction.

3.13 Transportation MM TRANS-2: Transportation Demand Management ProgramThe proposed project shall develop a Transportation Demand Management (TDM) program to encourage employees to choose non-personal vehicle modes of transportation for commuting. This includes a commute trip reduction marketing initiative, through which the employer would disseminate information about available transportation options. Strategies would include encouraging ride sharing among project employees and linking them to resources to find rideshare partners working nearby, such as through the Napa Valley Transportation Authority (NVTA) V-Commute program or the regional 511.org program. Marketing materials can also inform employees of resources such as the Guaranteed Ride Home Program, which provides free rides home in emergency situations for employees using nonpersonal vehicle transportation modes.

Submittal of Transportation Demand Management (TDM) program Prior to occupancy City of American
Canyon
2912
CEQA Findings of Fact and
Statement of Overriding Considerations
SDG Commerce 220 Distribution Center Project
City of American Canyon, Napa County, California
State Clearinghouse Number 2023100842
Prepared for:

City of American Canyon
4381 Broadway Street, Suite 201
American Canyon, CA 94503
707.647.4337
Contact: William He, Senior Planner
Prepared by:

FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Janna Waligorski, Senior Project Manager
Date: November 12, 2024
2913
2914
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations Table of Contents FirstCarbon Solutions iii U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Table of Contents
CEQA Findings of Fact and Statement of Overriding Considerations...............................................1

1.1 - Introduction....................................................................................................................... 1

1.2 - Statement of Findings ....................................................................................................... 1

1.3 - Project Summary ............................................................................................................... 2

1.4 - Procedural Background ..................................................................................................... 5

1.5 - Potential Environmental Effects Which are Not Significant or Less than Significant ........ 7

1.6 - Less than Significant Topical Areas.................................................................................... 8

1.7 - Potential Environmental Effects Which Can Be Mitigated Below a Level of Significance................................................................................................................. 10

1.8 - Impacts Identified in the EIR as Being Significant and Unavoidable Even After the Incorporation of All Feasible Mitigation Measures.................................................... 36

1.9 - Findings Regarding Alternatives...................................................................................... 38

1.10 - Findings Regarding Cumulative Impacts........................................................................ 41

1.11 - Findings Regarding Growth Inducement....................................................................... 42

1.12 - Mitigation Monitoring and Reporting Plan ................................................................... 42

1.13 - Findings Regarding Recirculation .................................................................................. 42

1.14 - Statement of Overriding Considerations....................................................................... 44

1.15 - Custodian of Record; Scope and Content of Record ..................................................... 45 Appendix A: Mitigation Monitoring and Reporting Program 2915
2916
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 1 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx

CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS

1.1 - Introduction
The State Guidelines (Guidelines) promulgated pursuant to the California Environmental Quality Act (CEQA) provide:

No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(c) Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

The required findings shall be supported by substantial evidence in the record (CEQA Guidelines § 15091).

The Final EIR incorporates the Draft EIR. References herein to the “EIR” are to the collective documentation contained in the Draft EIR and Final EIR. All acronyms used within this document shall have the same meaning as defined in the Draft EIR.

1.2 - Statement of Findings
An Environmental Impact Report (EIR) pursuant to CEQA has been prepared by the City of American Canyon (Lead Agency). The Draft EIR for the SDG Commerce 220 Distribution Center Project (proposed project) identifies significant effects on the environment, which may occur as a result of the proposed project.

Section 1.5 sets forth potential environmental effects of the proposed project which have no impact or are not significant because of the design of the proposed project. 2917
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 2 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Section 1.6 sets forth those potential environmental effects of the proposed project which are not significant because they can feasibly be mitigated below a level of significance.

Section 1.7 discloses the environmental impacts that remain significant and unavoidable even with the incorporation of feasible mitigation.

Section 1.8 summarizes the alternatives discussed in the EIR and makes findings with respect to the feasibility of alternatives and whether the alternatives would lessen the significant environmental effects of the proposed project.

The following sets forth all significant effects of the proposed project and with respect to each effect, makes one or more of the findings set forth in Section 1.1, Introduction, and provides facts in support of such findings.

The Final EIR (consisting of the Introduction, Errata, and Responses to Comments) incorporates the Draft EIR. For these Findings, the “EIR” shall consist of the Draft EIR, all appendices attached to the Draft EIR, and the Final EIR. All acronyms used within this document shall have the same meaning as defined in the Draft EIR.

As discussed above, the City of American Canyon is required to make certain findings with respect to these impacts pursuant to CEQA Guidelines Section 15091. Accordingly, the City of American Canyon hereby makes these required findings, as set forth in this document (“Findings”). These Findings summarize the environmental determinations about the proposed project’s significant impacts before and after mitigation, and summarize the proposed project’s individual and cumulative impacts. These Findings do not attempt to describe the full analysis of each environmental impact.

Instead, they provide a summary description of each significant impact and the applicable mitigation measures identified in the EIR and adopted by the City of American Canyon, and state the conclusions regarding the significance of each impact after incorporation of the identified mitigation measures. A comprehensive explanation of these environmental impact conclusions can be found in the EIR, as supplemented and explained in staff reports and materials presented by the project applicant, the City of American Canyon staff, various project consultants, and other relevant materials in the administrative record. The EIR is incorporated into these Findings in its entirety.

Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the proposed project in spite of the potential for associated significant and unavoidable adverse impacts.

1.3 - Project Summary

1.3.1 - Project Description
The applicant, SDG Commerce 220 LLC, proposes to develop a 219,834-square-foot wine storage and distribution center on a 443,005-square-foot project site.

The warehouse would provide 23 truck doors and approximately 4,400 square feet of office space. It would have perimeter concrete tilt wall panels with varying parapet heights and accent spandrel 2918
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 3 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx glass/metal canopy features around offices and corners of the building. The average roof height would be approximately 35 feet high, and portions of the building exterior walls would have various heights to provide architectural relief. The building would be insulated and refrigerated at approximately 58°F (degrees Fahrenheit), making it suitable for storage of wine and related products. The amount of refrigeration necessary would be reduced through the use of intake louvers and fans, which would allow cool night air to be utilized.

Lighting
The proposed project would include exterior lighting on the building and parking lot poles on the north side of the property. Parking lot lighting would be consistent with requirements of City of American Canyon Municipal Code Section 19.21.030(M). The 30-foot-tall lights would be “shoebox” dimmable light-emitting diode (LED) fixtures designed to be dark-sky friendly by directing the light toward the ground to prevent glare to surrounding properties.

Signage
One monument sign is proposed (approximately 8 feet wide by 5 feet tall) located at the entry to the site from Commerce Court.

Landscaping
Landscaping would be provided around the site perimeter on the east, north and partial west sides and within parking islands throughout (Exhibit 2-6). Mechanical equipment would be placed on the north side of the building behind a 6-foot-high color slatted chain-link fence. The irrigation system would be connected to the City’s reclaimed water system, thus eliminating the use of the City’s potable water for landscape purposes. In addition, the warehouse would be dual plumbed with recycled water for toilet flushing inside the warehouse building.

Storm Drainage
Stormwater runoff would be directed via an on-site storm drain system into a detention/bioretention pond located on the western side of the site. Roof drainage would be connected to the proposed detention/bioretention pond via the on-site storm drain system surrounding the building by way of down spouts on the exterior of the building, which would be painted to blend in with the building façade.

Wetlands
Existing, on-site wetland areas would be preserved in place.

Utilities
Water
The City of American Canyon would provide potable and recycled water service to the proposed project. Potable and recycled water infrastructure currently exists within Commerce Court. Service laterals would extend from the Commerce Court water lines to the project building. 2919
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 4 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Wastewater
The City of American Canyon would provide wastewater collection and treatment service to the proposed project. Sewer infrastructure currently exists within Commerce Court. Connection back to the existing City sewer infrastructure in Commerce Court would be made through the existing sanitary sewer system and lift station that was previously designed and constructed on the Commerce 330 site for future shared use with the proposed project.

Electricity
Pacific Gas and Electric Company (PG&E) would deliver electricity to the proposed project. Electric infrastructure currently exists within Commerce Court. Service laterals would extend from the Commerce Court facilities to project buildings. No natural gas would be used. Solar would be installed on the building roof top and would produce an estimated 235,000 kilowatt-hour (kWh) per year. The intent of the solar system is to supplement the power consumed by items such as exterior lighting, parking lot lights, interior warehouse lighting and a portion of the building’s refrigeration system.

Telecommunications Services
Telephone service provided by AT&T would be extended from the existing underground infrastructure in the Commerce Court right-of-way to the electrical room located in the northeast corner of the building.

Off-Site Improvements
A small portion of the development extends beyond the parcel boundaries to the north and south of the project site in order to provide parking lot and circulation connectivity. The properties to the north and south of the project site are under related ownership as the proposed project and the potential impacts associated with development and site disturbance on those parcels was analyzed in previous CEQA documentation1

1.3.2 - Project Objectives
• Positively contribute to the local economy through new capital investment, the creation of new jobs, and the expansion of the tax base.
• Develop land to its highest and best use.
• Continue the buildout of the City of American Canyon in accordance with the General Plan. • Meet regional demand for wine warehousing by adding to the inventory of this space. • Develop nonresidential uses on the project site that are compatible with the City of American Canyon’s Water Reclamation Facility and the Napa County Airport. • Maximize the efficient use of land by developing an industrial project at the upper end of the allowable Floor Area Ratio range.
• Complete the buildout of the SDG Commerce development. 2920
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 5 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx • Protect North Slough by employing stormwater pollution prevention measures during construction and operation.
• Provide development fees to the American Canyon Fire Protection District to fund the development of a new fire station.

1.3.3 - Required Approvals
The proposed project would require the following discretionary approvals and actions, including:
• Conditional Use Permit
• Subsequent ministerial actions may also be required for the implementation of the proposed project.

1.4 - Procedural Background
The City of American Canyon released a Notice of Preparation (NOP) for public review from October 27, 2023, to November 27, 2023 (30-day review period). The NOP and copies of comments received are included as Appendix A to the Draft EIR.

On Friday, November 17, 2023, a scoping meeting was held virtually and in person at American Canyon City Hall, at 4381 Broadway, Suite 201, American Canyon, CA 94503, during which individuals and organizations/agency representatives were invited to provide oral comments on the Commerce 220 Distribution Center project.

The Draft EIR was circulated for a public review period between Tuesday, June 11, 2024 and Friday, August 2, 2024 (52-day review period). In the interest of transparency, the Lead Agency provided an additional 7 days to the required 45-day review period. Hard copies of the Draft EIR were publicly available at the American Canyon City Hall at 4381 Broadway Street, Suite 201; the Active Adults Center at 2185 Elliot Drive; and the American Canyon Library at 300 Crawford Way. The Draft EIR, including the technical appendices and any documents incorporated by reference, could also be reviewed at the following websites: https://ceqanet.opr.ca.gov/2023100842 and https://cityofamcan.org/projectreview.

On July 30, 2023, a public comment meeting was held virtually and in person at American Canyon City Hall, at 4381 Broadway, Suite 201, American Canyon, CA 94503, during which individuals and organizations/agency representatives were invited to provide oral comments on the Commerce 220 Distribution Center project and Draft EIR.

The City of American Canyon then prepared a Final EIR, consisting of the comments received on significant environmental issues during the public review and comment period on the Draft EIR; written responses to those comments; revisions to the Draft EIR; an errata making minor, nonsubstantive changes to the Final EIR; and incorporated an Appendix A further clarifying Swainson Hawk Mitigation Support.
2921
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 6 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx The proposed project and EIR were considered at the October 24, 2024 Planning Commission meeting, at the American Canyon City Hall at 4381 Broadway Street, Suite 201, where it was determined that a recommendation be made to the City Council to approve the project and certify the EIR.

Subsequently, the proposed project and EIR were considered at the November 19, 2024 City Council meeting, also at the American Canyon City Hall at 4381 Broadway Street, Suite 201.

The City of American Canyon considered all oral and written comments regarding environmental issues in the Final EIR and determined, based on all of the evidence presented, including but not limited to the EIR, written and oral testimony given at public meetings and hearings in connection therewith, and the submission of comments from the public, organizations and regulatory agencies, as well as all other relevant information in the administrative record, the following environmental impacts associated with the project are: (1) less than significant and do not require mitigation; or (2) potentially significant but will be avoided or reduced to a level of insignificance through the identified mitigation measures; or (3) significant and cannot be fully mitigated to a level of less than significant but will be substantially lessened to the extent feasible by the identified mitigation measures.

The City of American Canyon concludes that implementation of the proposed project could result in potentially significant adverse environmental impacts related to Vehicle Miles Traveled (VMT). As reflected in the Final EIR, there is disagreement among various parties regarding particular conclusions in the EIR. CEQA and relevant case law interpreting the CEQA statute and Guidelines provide the standards for treating disagreement among experts in the context of an EIR, as follows:

Where evidence and opinions conflict on an issue concerning the environment, and the Lead Agency knows of these controversies in advance, the EIR and/or related findings must acknowledge the controversies, summarize the conflicting opinions of the experts, and include sufficient information on the controversy. In making a decision on a project where there is disagreement among experts, the Lead Agency is not obligated to select the viewpoint that purports to be the most environmentally sensitive. Instead, decision-makers are vested with the discretion to weigh expert opinion and choose which they intend to rely on and are not required to resolve a dispute among experts. In their proceedings, decision-makers must consider comments received concerning the adequacy of the EIR and address any objections raised in these comments. However, decisionmakers are not obligated to follow any directives, recommendations, or suggestions presented in comments on an EIR, and can certify an EIR without needing to resolve disagreements among experts.

In making its decision to certify the EIR and approve the proposed project, the City of American Canyon recognizes that a range of technical and scientific opinion exists with respect to certain environmental issues, particularly with respect to biological resources impacts. The Lead Agency has acquired a comprehensive and well-rounded understanding of the range of this technical and scientific opinion by its review of the EIR; as well as by its review of the information provided by the experts who prepared the EIR; the Lead Agency's other consultants and its staff; along with testimony, letters, reports, and other relevant materials in the administrative record, as well as its 2922
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 7 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx own experience and expertise in these matters. The materials reviewed by the Lead Agency include conflicting expert opinions and conflicting statements of facts, as well as other comments on the environmental issues set forth in the EIR. This comprehensive review has enabled the Lead Agency to make its decisions after weighing and considering the various viewpoints on these important issues, and the Lead Agency has made determinations of significant effects based on substantial evidence, not public controversy or speculation. Accordingly, the Lead Agency hereby certifies that its Findings and determinations are based on all of the evidence contained in the EIR, as well as the evidence and other information in the record addressing the environmental impacts of the proposed project, and hereby elects to rely on the analysis and evidence set forth in the EIR.

1.5 - Potential Environmental Effects Which are Not Significant or Less than Significant
The City of American Canyon has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including the Draft and Final EIR, and all oral and written evidence presented to it during all meetings and hearings. The EIR reflects the independent judgment of the City of American Canyon and is deemed adequate for purposes of making decisions on the merits of the proposed project.

Consistent with Public Resources Code Section 21002.1 and Section 15128 of the CEQA Guidelines, the EIR focused its analysis on potentially significant impacts, and limited discussion of other impacts for which it can be seen with certainty there is no potential for significant adverse environmental impacts. CEQA Guidelines Section 15091 does not require specific findings to address environmental effects that an EIR identifies as “no impact” or a “less than significant” impact and for which no mitigation is necessary.

The City of American Canyon agrees with the characterization in the EIR of all project-specific impacts identified as “no impact” or “less than significant” and finds that those impacts have been described accurately and either have no impact on the physical environment or a less than significant impact, as described in the EIR. The City of American Canyon further finds that no substantial evidence was submitted or identified during the public comment period indicating that the proposed project would have a potentially significant impact with respect to the environmental impacts or topical categories listed below.

Therefore, based on its independent judgment and the entire administrative record before it, the City of American Canyon has determined and finds that the following environmental impacts will not exceed any established thresholds, will have either no impact or less than significant effects and no mitigation is necessary:

1.6 - Less than Significant Topical Areas
The City Council finds that each of the following topical areas were properly determined, in their entirety, not to be significant, or found to be less than significant, for all thresholds based on the entire administrative record, including, without limitation, analysis conducted as part of the 2923
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 8 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx preparation of the Draft EIR, as well as input received in response to the NOP (see, e.g., Draft EIR, Chapter 4, Effects Found Not to be Significant, Pages 4-1 to 4.5).

The City Council finds that none of the following areas exceed any established thresholds or require mitigation and have a less than significant direct, indirect and cumulative impact on the environment. Accordingly, no additional specific findings under Section 15091 are required for the following topics:
• Aesthetics, Light and Glare (see also, Draft EIR, Section 3.1, Aesthetics, Light and Glare) • Agricultural and Forestry Resources
• Energy (see also, Draft EIR, Section 3.5, Energy)
• Greenhouse Gases (see also, Draft EIR, Section 3.7, Greenhouse Gases) • Hazards and Hazardous Materials (see also Draft EIR, Section 3-8, Hazards and Hazardous Materials)
• Land Use (see also Draft EIR, Section 3.10, Land Use) • Mineral Resources
• Noise (see also Draft EIR, Section 3.11)
• Public Services (see also Draft EIR, Section 3.12)
• Recreation
• Utilities and Service Systems (see also Draft EIR, Section 3.14) • Wildfire

1.6.1 - Air Quality
Impact AIR-3 The proposed project would not expose sensitive receptors to substantial pollutant concentrations. No mitigation is required. (Draft EIR, p. 3.2-55–3.2-59) Findings: Less than Significant Impact. (Draft EIR, p. 3.2-59) Impact AIR-4: The proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. No mitigation is required. (Draft EIR, p. 3.2-59–3.2-60)
Findings: Less than Significant Impact. (Draft EIR, p. 3.2-60) Cumulative Air Quality Impact: The proposed project, in conjunction with other past, present, and reasonably foreseeable projects in the applicable geographic area, would not have a cumulatively significant impact related to air quality. No mitigation is required. (Draft EIR, p. 3.2-60–3.2-61) Findings: Less than Significant Impact. (Draft EIR, p. 3.2-61) 2924
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 9 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx

1.6.2 - Biological Resources
Impact BIO-2: The proposed project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service. No mitigation is necessary. (Draft EIR, p. 3.3-41–3.3- 42)
Findings: Less than Significant Impact. (Draft EIR, p. 3.3-42) Impact BIO-4: The proposed project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites. No mitigation is necessary. (Draft EIR, 3.3–45)
Findings: Less than Significant Impact. (Draft EIR, p. 3.3-45) Cumulative Biological Resources Impact: The proposed project, in conjunction with other past, present, and reasonably foreseeable projects in the applicable geographic area, would not have a cumulatively significant impact related to biological resources. No mitigation is necessary. (Draft EIR, p. 3.3-46–3.3-47)

1.6.3 - Geology and Soils
Impact GEO-3: The proposed project would not be located on a geologic unit or soil that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. No mitigation is necessary. (Draft EIR, p. 3.6-16)
Findings: Less than significant impact. (Draft EIR, p. 3.6-16) Cumulative Impact: The proposed project, in conjunction with other past, present, and reasonably foreseeable projects in the applicable geographic area, would not have a cumulatively significant impact related to geological resources. No mitigation is required. (Draft EIR, p. 3.6-17–3.6-19)

1.6.4 - Hydrology and Water Quality
Impact HYD-2: The proposed project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. No mitigation is necessary. (Draft EIR, p. 3.9-12)
Findings: Less than significant impact. (Draft EIR, p. 3.9-13) 2925
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 10 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Impact HYD-3: The proposed project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows. No mitigation is required. (Draft EIR, p. 3.9-13)
Findings: Less than significant impact. (Draft EIR, p. 3.9-13)

1.6.5 - Transportation and Traffic
Impact TRANS-1: The proposed project would not conflict with a program plan, ordinance or policy of the circulation system, including transit, roadway, bicycle and pedestrian facilities.

No mitigation is required. (Draft EIR, p. 3.13-13–3.13-14) Findings: Less than significant impact. (Draft EIR, p. 3.13-14) Impact TRANS-3: The proposed project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). No mitigation is required. (Draft EIR, p. 3.13-15–3.13-16) Findings: Less than significant impact. (Draft EIR, p. 3.13-16) Impact TRANS-4: The proposed project would not result in inadequate emergency access. No mitigation is required. (Draft EIR, p. 3.13-17)
Findings: Less than significant impact. (Draft EIR, p. 3.13-17)

1.7 - Potential Environmental Effects Which Can Be Mitigated Below a Level of Significance
The City of American Canyon hereby finds that feasible mitigation measures have been identified in the EIR that will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts, and the mitigation measures that will reduce them to a less than significant level, are as follows:

1.7.1 - Air Quality
Impact AIR-1: The proposed project would not conflict with or obstruct implementation of the applicable air quality plan.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 3.2-50) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
2926
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 11 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Mitigation Measures
MM AIR-1 Implement BAAQMD Best Management Practices to Control Dust During Construction
The following dust control measures, as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included in the design of the proposed project and implemented during construction:
• All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least two times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard. • All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes, as required by the California Airborne Toxics Control Measure (ACTM) Title 13, Section 2485 of California Code of Regulations. Clear signage regarding idling restrictions shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
• The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The construction contractor shall take corrective action within 48 hours. The BAAQMD’s and the City’s phone numbers shall also be visible to ensure compliance with applicable regulations.

Facts in Support of Findings
Upon further analysis on whether the proposed project would conflict with the Clean Air Plan based on the project’s emissions inventory and incorporation of clean air measures, Table 3.2-13 of the Draft EIR provides the project’s consistency analysis with these control measures, thus demonstrating that the proposed project would not conflict with the control measures of the 2017 Clean Air Plan. (Draft EIR, p. 3.2-44–3.2-48)
2927
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 12 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Despite these stipulations, the BAAQMD’s CEQA Air Quality Guidelines further recommend determining a project’s consistency with the 2017 Clean Air Plan, in part, by determining a project’s consistency with the regional significance thresholds. The proposed project’s emissions are below BAAQMD’s significance thresholds and would be considered less than significant. The BAAQMD does not have a bright-line emissions threshold for determining potentially significant impacts related to construction fugitive dust; instead, by incorporating BAAQMD’s recommended mitigation measures for construction fugitive dust control as MM AIR-1, construction fugitive dust would further reduce fugitive dust and trackout during project construction to less than significant levels. (Draft EIR, p. 3.2- 49) Any mud and dirt that may be tracked out onto the nearby public roads during construction activities shall also be removed promptly by the contractor based on BAAQMD’s requirements.

The Lead Agency finds that MM AIR-1 is feasible, is adopted, and will further reduce impacts related to dust control during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

Impact Air-2: The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State ambient air quality standard.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR p. 3.3-41) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
Implementation of MM AIR-1.

Facts in Support of Findings
This impact is related to the cumulative effect of a project’s regional criteria pollutant emissions. The nonattainment status of regional pollutants results from past and present development within the Air Basin, and this regional impact is a cumulative impact. Therefore, new development projects (such as the proposed project) within the Air Basin would contribute to this impact only on a cumulative basis. Conservatively, project operations were analyzed at full buildout immediately following the completion of construction in August 2025. As demonstrated in Draft EIR Table 3.2-15, the proposed project would result in operational-related criteria air pollutants or ozone precursors below the BAAQMD’s thresholds of significance for all criteria pollutants. Therefore, impacts would be less than significant. (Draft EIR, p. 3.2-54)
During construction, fugitive dust would be generated from site grading and other earthmoving activities. The majority of this fugitive dust would remain localized and deposited near the project site; however, fugitive dust's potential impacts exist unless control measures are implemented to reduce this source's emissions. Exhaust emissions would also be generated from the operation of 2928
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 13 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx the off-road construction equipment and on-road construction vehicles. At the time the Draft EIR was published for public review, the construction of the proposed project was anticipated to begin in the third quarter of 2024 and be completed 11 months later. However, because the construction schedule is moving later, as noted in the Draft EIR, the construction emissions would likely decrease because of improvements in technology and more stringent regulatory requirements. Nonetheless, as shown in Draft EIR Table 3.2-14, construction-related criteria pollutant emissions would not exceed BAAQMD thresholds. Impacts would be less than significant. (Draft EIR, p. 3.2-52) Conservatively, project operations were analyzed at full buildout immediately following the completion of construction in August 2025. As demonstrated in Draft EIR Table 3.2-15, the proposed project would result in operational-related criteria air pollutants or ozone precursors below the BAAQMD’s thresholds of significance for all criteria pollutants. Therefore, impacts would be less than significant. (Draft EIR, p. 3.2-54)
State Route (SR) 29, located approximately 4,800 feet east of the project site, would experience the most traffic volume as compared to other roadways in the vicinity. The segment of SR-29 near the project site has a peak-hour traffic volume of 2,900 vehicle trips as of 2021. Therefore, the proposed project would not result in any nearby intersection having peak-hour traffic volumes exceeding 44,000 vehicles per hour. Impacts would be less than significant. Therefore, the proposed project would not exceed the CO screening criteria and would have a less than significant impact related to CO. (Draft EIR, p. 3.2-54-3.2-55)
The proposed project would generate construction fugitive dust. The BAAQMD does not have a bright-line emissions threshold for determining potentially significant impacts related to construction fugitive dust. Instead, the BAAQMD determines a project to result in a potentially significant impact if that project were not to implement construction Best Management Practices (BMPs) to minimize the extent of fugitive dust emissions, such as soil erosion, sediment migration, roadway dust re-entrainment, and soil trackout, during project construction. In the absence of specific information related to the proposed project’s intended implementation of construction BMPs to minimize fugitive dust emissions, the proposed project is assumed to not include any construction BMPs. Therefore, MM AIR-1, discussed above, would be required to ensure implementation of construction BMPs recommended by the BAAQMD irrespective of the emissions reductions achieved by those BMPs. Consequently, implementation of MM AIR-1 would sufficiently reduce project construction emissions to less than significant levels. (Draft EIR, p. 3.2-55) The Lead Agency finds that MM AIR-1 is feasible, is adopted, and will further reduce impacts related to air quality. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts associated with dust control during construction would be less than significant with mitigation incorporated.
2929
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 14 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx

1.7.2 - Biological Resources
Impact BIO-1: The proposed project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR Page 3.3-41) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
MM BIO-1a Pre-construction Surveys for Swainson’s Hawk
Prior to ground disturbance that occurs during the nesting season for Swainson’s hawk (generally March 20 to July 20), a qualified Biologist shall conduct Swainson’s hawk nesting surveys within a 0.5-mile radius of the project site to determine whether nests are occupied. Occupancy shall be determined through observation of all accessible areas, including from public roads or other publicly accessible observation areas of Swainson’s hawk activity (e.g., foraging) on and near the project site.

I. January–March 20: Conduct one survey total.

II. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00 p.m. to sunset.

III. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:30 p.m. to sunset.

IV. April 21–June 10: Initiating surveys are not recommended. Monitoring of known nest sites only. V. June 10–July 30: (post-fledging) Conduct three surveys total.

Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:00 p.m. to sunset.

Pre-construction surveys shall be completed for at least the two survey periods immediately prior to a project’s initiation.

MM BIO-1b Swainson’s Hawk Avoidance and Minimization and Construction Monitoring Following the implementation of MM BIO-1a, if nests are located and determined to be occupied, minimization measures must be implemented, and construction monitoring conducted as follows:
2930
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 15 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx

1. Construction activities shall be prohibited within 600 feet of an active and occupied Swainson’s hawk nest, or within 600 feet of nests under construction, to prevent nest abandonment. 2.

3. No tree containing an active Swainson’s hawk nest shall be removed.

MM BIO-1c Pre-construction Surveys for Burrowing Owl (includes avoidance and passive relocation if found)
A qualified Biologist shall conduct a habitat assessment for wintering burrowing owl, and surveys if habitat is present. The qualified Biologist shall follow the California Department of Fish and Wildlife (CDFW) 2012 Staff Report on Burrowing Owl Mitigation habitat assessment and survey methodology prior to project activities occurring during the burrowing owl wintering season from September 1 to January

31. The habitat assessment and surveys shall encompass a sufficient buffer zone to detect owls nearby that may be impacted, which shall be a minimum of 1,640 feet unless otherwise approved in writing by the CDFW. Surveys shall include four nonbreeding season surveys spread evenly throughout the nonbreeding season pursuant to the CDFW 2012 Staff Report. Time lapses between surveys or project activities shall trigger subsequent surveys, as determined by a qualified Biologist, including but not limited to a final survey within 24 hours prior to ground disturbance and before construction equipment mobilizes to the project area. The qualified Biologist shall have a minimum of 2 years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections.

Habitat compensation acreages shall be approved by CDFW, as the amount depends on-site specific conditions and must be completed before project construction unless otherwise approved in writing by CDFW. Habitat compensation shall also include placement of a conservation easement and preparation and implementation of a long-term management plan prior to project construction. 2931
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 16 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx MM BIO-1d Protection of Active Bird Nests (includes pre-construction survey and implementation of avoidance buffer, if found).

1. If the proposed project requires vegetation to be removed during the nesting season (February 1 to August 31), pre-construction surveys shall be conducted no more than 7 days prior to the start of ground or vegetation disturbance (including tree removal) to determine whether or not active nests are present within the project site and buffer area as appropriate.

2. If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated disturbance level. (The California Department of Fish and Wildlife [CDFW] recommends a minimum no-disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors). A qualified Biologist shall delineate the avoidance buffer using Environmentally Sensitive Area (ESA) fencing, pin flags, and/or yellow caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s).

3. The qualified Biologist shall monitor the active nest during construction activities and modify the protection zone accordingly to prevent project-related nest disturbance, until the young have fledged.

MM BIO-1e Roosting Bat Pre-construction Survey and Avoidance A qualified Biologist with relevant roosting bat experience shall conduct a survey for special-status bats during the appropriate time of day to maximize detectability to determine whether bat species are roosting near the work area no less than 7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.) within 250 feet of project construction activities (where accessible).

Grading shall only commence after the Biologist verifies 7 to 10 days later that the exclusion methods have successfully prevented bats from returning. To avoid impacts on non-volant (i.e., nonflying) bats, the Biologist shall only conduct bat exclusion and eviction from May 1 through October 1. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young).
2932
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 17 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx MM BIO-1f Protection of Western Pond Turtles
A qualified Biologist (i.e., a Biologist with at least 2 years of experience conducting surveys for western pond turtle detections) shall submit a wildlife exclusion fencing plan to the California Department of Fish and Wildlife (CDFW) for review and approval prior to starting construction. Exclusion fencing shall be installed along the western perimeter of the project site to prevent the species from traveling from North Slough onto the project site during construction. A qualified Biologist shall survey the project site and adjacent habitat within 72 hours of the start of project activities to determine whether western pond turtle or their nests are present and guide the installation of the exclusion fence. If western pond turtles are discovered, a qualified Biologist with experience handling and relocating the species shall move the species to the nearest suitable habitat outside of the project area and exclusion fencing. If western pond turtle nests are found, CDFW shall be notified prior to starting project activities, and the nest site plus a 50-foot buffer around the nest site shall be fenced with orange construction fence until eggs hatch and young turtles disperse to the adjacent North Slough. In addition, if nest(s) are located during surveys, moth balls (naphthalene) shall be sprinkled around the vicinity of the nest (no closer than 5 feet) to mask human scent and discourage predators. Grading within the nest site’s 50-foot buffer area shall be delayed until the young leave the nest as determined by a qualified Biologist. If the CDFW allows translocation of any nestling pond turtles this shall be completed by a qualified Biologist under the direction of the CDFW.

MM BIO-1g Protection of Overwintering Monarch Butterfly Activities such as vegetation removal, grading, or initial ground-disturbing activities shall be conducted between November 1 and July 31 (outside of the overwintering season) to the extent feasible. If such activities must be initiated during the overwintering season (August 1 through October 31), a pre-construction overwintering survey shall be conducted by a qualified Biologist no more than 7 days prior to vegetation removal, grading, or initial ground disturbance. The survey shall include the disturbance area and surrounding 250 feet to identify the location and status of any colonies that could potentially be affected either directly or indirectly by project activities. If no colonies are present, then project activities can commence as scheduled. If a colony is present, project construction shall cease immediately to avoid all direct and indirect impacts and report the presence of the colony to the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) and follow all recommendations provided by USFWS and CDFW.

Facts in Support of Findings
No Swainson hawks or nests were observed on the proposed project site during the 18 field surveys conducted by FirstCarbon Solutions (FCS) and Pinecrest in 2023. However, out of an abundance of caution, FCS proposes MM BIO-1a and MM BIO-1b to safeguard potential habitat for Swanson’s 2933
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 18 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx hawk. These measures, if needed, would require pre-construction surveys and the implementation of avoidance and minimization measures to avoid indirect impacts on the surrounding habitat, which would effectively establish adequate nest protection zones in conformation with CDFW Guidelines.

These measures if needed, would reduce impacts to below a level of significance. (Draft EIR, p. 3.3- 36)
In addition, FCS also proposes pre-construction surveys MM BIO-1c for western burrowing owls to detect, avoid, and passively relocate owls in the case the species moves onto the project site prior to development. Although the likelihood of the species on the project site is considered to be low, this measure would effectively reduce any potential significant impacts for this species to a level that is less than significant. (Draft EIR, p. 3.3-36 – 3.3-37)
While no active nests have been observed on-site during the field surveys conducted by FCS and Pinecrest in 2023, it cannot be ruled out that avian species may nest within disturbance distance of the project site. With implementation of MM BIO-1d, requiring pre-construction nesting bird surveys and avoidance of direct and indirect impacts on nests, potential project-related impacts on protected bird nests would be reduced to a less than significant level under CEQA. (Draft EIR, p. 3.3- 37)
No western pond turtles or nests were observed during the 2023 surveys conducted by FCS and Pinecrest. While the site appears to be unlikely to support western pond turtle, it cannot be ruled out entirely that a vagrant western pond turtle may be present on-site under unlikely circumstances before start of construction and could potentially be impacted by the project. Impacts to western pond turtle from the proposed project are considered potentially significant. MM BIO-1f would reduce this impact to a less than significant level through avoidance and minimization measures. (Draft EIR, 3.3-37)
Although the project site is adjacent to trees that could provide suitable bat roosting habitat, including for special-status bats such as pallid bat, implementation of MM BIO-1e, requiring preconstruction roosting bat surveys and avoidance of indirect impacts on active bat roosts, would mitigate construction-related impacts on protected species can be reduced to a level that is less than significant. (Draft EIR, 3.3-37)
Finally, while there is a potential for the monarch butterfly to overwinter in the eucalyptus woodland adjacent to the site, MM BIO-1g, which includes a pre-construction survey and coordination protocol with USFWS and CDFW, would reduce any potential impacts on monarch butterfly to less than significant. (Draft EIR, 3.3-7–3.3-38)
The Lead Agency finds that MM BIO-1a through MM BIO-1g are feasible, are adopted, and will further reduce impacts related to habitat loss during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated. 2934
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 19 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Impact BIO-3: The proposed project would not have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.

Findings Less than significant impact with mitigation incorporated. (Draft EIR Page 3.3-45) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
Implementation of MM BIO-1a through MM BIO-1e.

Facts in Support of Findings
The site does not function as a critical wildlife movement corridor, as discussed in Draft EIR Section

3.3.3, Wildlife Movement Corridors and Nursery Sites, of the Draft EIR. Although certain common wildlife may move within or cross the site, it does not function to connect valuable habitats together.

Rather, it funnels wildlife east into a densely-developed pocket of land bordered SR-29 as well as several commercial, industrial, and residential zones—therein constituting a potential population sink. Thus, potential project-related impacts on wildlife movement are less than significant. (Draft EIR, p. 3.3-42)
No substantial wildlife nursery sites, including breeding or nesting colonies, breeding ponds, or dens are present on-site; any potential seasonal impacts to individual nesting birds and roosting bats are addressed through the implementation of MM BIO-1a through MM BIO-1e (see above for details).

As such, impacts to nursery sites would be less than significant. (Draft EIR, p. 3.3-42) The Lead Agency finds that MM BIO-1a through MM BIO-1e are feasible, are adopted, and will reduce impacts related to wildlife migration or nesting during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR.

Therefore, impacts would be less than significant with mitigation incorporated.

Cumulative Biological Resources Impacts: With the implementation of mitigation, the proposed project would not result in a significant cumulative impact to biological resources in the City of American Canyon or surrounding area. (Draft EIR, p. 3.3-48).

Findings: Less than significant impact with mitigation incorporated. (Draft EIR p. 3.3-48) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
Implementation MM BIO-1a through MM BIO-1g.
2935
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 20 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Facts in Support of Findings
The geographic scope of the cumulative biological resources analysis is the project vicinity as the project activity would only affect the surrounding project area. Cumulative projects in the geographic scope of the biological resources analysis consist of developed and undeveloped lands primarily near the edge of existing urban development.

As described in Section 3.4.3 of the Draft EIR, Regulatory Framework, numerous laws and regulations are in place to protect biological resource within the cumulative project area, including, but not limited to: California Endangered Species Act (CESA), federal Endangered Species Act, CWA, and applicable General Plan and Municipal Code requirements. Future projects within the cumulative geographic context would be required to comply with applicable federal, State, and local laws, regulations and policies and all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts on biological resources. Standard pre-construction surveys and, if necessary, avoidance procedures would be required for cumulative projects with the potential to impact special-status species. Because cumulative development has limited potential to support special-status species and would be required to comply with the above requirements, cumulative impacts related to special-status species would be less than significant. (Draft EIR, p. 3.3- 46)
The proposed project’s incremental contribution to these less than significant cumulative impacts would not be significant with adherence to the mitigation measures related to special-status species identified above (see MM BIO1a through MM BIO-1g) and compliance with other applicable standards and requirements under the comprehensive regulatory framework. Therefore, the proposed project's contribution to cumulative impacts related to special-status species would be less than significant. (Draft EIR, p. 3.3-46)
The cumulative project area contains undeveloped areas that may support wetland and jurisdictional features. In addition, the Napa River, related tidal lands, and North Slough are located to the south.

Any future development that occurs within the cumulative analysis area would have to take into account the potential impacts to wetlands and jurisdictional features and mitigate as required under applicable laws and regulations. As such, cumulative impacts to wetland and jurisdictional features would be less than significant. (Draft EIR, p. 3.3-46 – 3.3-47) In addition, the proposed project would avoid all impacts on potential jurisdictional wetland features through the implementation of a wetland buffer avoidance area (Exhibit 3.3.-4). As such, the proposed project would not combine with other reasonably foreseeable projects and would have a less than significant contribution to the related impacts. Thus, the proposed project’s contribution to the less than significant cumulative impact related to wetlands and jurisdictional features would not be cumulatively considerable. (Draft EIR, p. 3.3-47)
The larger geographic scope for cumulative projects contains various areas that may provide movement corridors for fish and wildlife, primarily the Napa River, related tidal lands and North Slough to the south. However, none of the identified cumulative projects include wildlife corridors that connect to the proposed project site. Other areas surrounding the project site consist primarily 2936
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 21 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx of urban development or undeveloped land significantly surrounded by urban development. Any future development that occurs within the cumulative analysis area would have to take into account the potential impacts to these corridors and mitigate as required under applicable laws and regulations. The cumulative projects are primarily located in urban or commercially developed areas and therefore are not likely to significantly impact wildlife movement corridors. Therefore, it can be reasonably assumed that there would be no cumulative impacts to fish and wildlife movement corridors. (Draft EIR, p. 3.3-47)
In addition, the site does not function as a critical wildlife movement corridor, is not connected to any corridors present on cumulative project sites and does not otherwise connect valuable habitats together; as such, there would be no impacts to wildlife movement corridors. Therefore, the proposed project’s contribution to cumulative impacts related to fish and wildlife movement would not be cumulatively considerable. (Draft EIR, p. 3.3-47) Finally, all relevant projects located within the City of American Canyon would be required to abide by applicable local policies and ordinances, including the City’s Tree Ordinance for subdivisions contained in Municipal Code Section 18.40.110. Compulsory adherence to these regulations related to biological resources would ensure that impacts would be less than significant in this regard. (Draft EIR, p. 3.3-47)
The proposed project would not remove any City-protected trees and would be consistent with the General Plan and Zoning Ordinance designations. Furthermore, the project is consistent with applicable General Plan policies regarding biological resources, including assessment of such resources and wetland avoidance and buffering. Thus, the proposed project’s contribution to the less than significant cumulative impact related to local policies and ordinances would not be cumulatively considerable. (Draft EIR, p. 3.3-47)
The Lead Agency finds that MM BIO-1a through MM BIO-1g are feasible, are adopted, and will reduce cumulative impacts related to biological resources. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.7.3 - Cultural Resources and Tribal Resources
Impact CUL-1: The proposed project would not cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 3.4-21) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
2937
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 22 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Mitigation Measures
MM CUL-1a All construction personnel directly involved with project-related ground disturbance shall attend a “tailgate” Worker Environmental Awareness Program (WEAP) training for archaeological resources. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology.

MM CUL-1b An Archaeological Monitor reporting to the qualified Archaeologist, shall be present during the clearing, grading, and trenching phases of the proposed project to check for the inadvertent discovery of archaeological resources or human remains. Over the course of the proposed project, should the Archaeologist determine that the probability of inadvertent discovery is low, they may make a recommendation to the Lead Agency that monitoring be reduced to regular periodic or “spot-check” monitoring, or that monitoring may cease altogether.

MM CUL-1c If buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the lead agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Master Plan area should be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA Guidelines. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the lead agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the lead agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the lead agency where they would be afforded long-term preservation to allow future scientific study.

Facts in Support of Findings
There is always a possibility that construction-related ground disturbance may uncover previously undiscovered historic cultural resources. As such, FCS recommends Worker Environmental 2938
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 23 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Awareness Program (WEAP) training for archaeological resources for all construction personnel directly involved with project-related ground disturbance; this shall be conducted by an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology and incorporated through MM CUL-1a.

Additionally, FCS recommends archaeological monitoring during ground-disturbing activities, with procedures for inadvertent discovery of cultural resources activities; these shall be addressed by MM CUL-1b and MM CUL-1c. Through implementation of MM CUL-1a, MM CUL-1b, and MM CUL-1c, impacts to cultural and tribal resources would be less than significant. (Draft EIR, p. 3.4-20) The Lead Agency finds that MM CUL-1a through MM CUL-1c are feasible, are adopted, and will reduce impacts related to cultural and tribal resources during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR.

Therefore, impacts would be less than significant with mitigation incorporated.

Impact CUL-2: The proposed project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR. p. 3.4-22) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
Implementation of MM CUL-1a through MM CUL-1c.

Facts in Support of Findings
There is one identified prehistoric archaeological resource (483A-001) located within the 0.5-mile search radius as well as a known pre-contact archaeological site located one mile north of the project site; outside of these observations, no additional archaeological resources were encountered during the pedestrian field survey. A review of the site suggests a moderate potential for unanticipated buried cultural resources on the site during construction, because: 1) the project site is located on relatively flat terrain, 2) is situated in close proximity to wetlands, the Napa River, and the Northern Slough waterway on its western boundary; and 3) there is a known pre-contact archaeological site 1 mile to the north of the project site. Any impacts to buried cultural resources during project construction would be reduced to a less than significant level through implementation of MM CUL-1a, MM CUL-1b, and MM CUL-1c. (Draft EIR, p. 3.4-22) The Lead Agency finds that MM CUL-1a through MM CUL-1c are feasible, adopted, and will further reduce impacts related to buried cultural resources. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that 2939
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 24 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

Impact CUL-3: The proposed project would not disturb human remains, including those interred outside of formal cemeteries.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 3.4-23) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))Mitigation Measures MM CUL-3 In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:

1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98.

2. Where the following conditions occur, the landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being notified by the Commission. • The descendant identified fails to make a recommendation. • The landowner or authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.

Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains:
• When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the 2940
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 25 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx appropriate Native Americans as identified by the NAHC as provided in Public Resources Code Section 5097.98. The applicant may develop a plan with respect to their respective individual development proposals for treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native American Burials with the appropriate Native Americans as identified by the NAHC.

Facts in Support of Findings
No formal cemeteries or areas containing human remains are known to be in the project vicinity. In event that ground disturbance uncovers previously undiscovered human remains, implementation of MM CUL-3, which details inadvertent discovery procedures, would reduce potential impacts to previously undiscovered human remains to a less than significant level. (Draft EIR, p. 3.4-22) The Lead Agency finds that MM CUL-3 is feasible, is adopted, and will further reduce impacts related to undiscovered human remains. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

Impact CUL-4: The proposed project would not cause a substantial adverse change in the significance of a Tribal Cultural Resource.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 3.4-24) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
Implementation of MM CUL-1a–MM CUL-1c and MM CUL-3.

Facts in Support of Findings
Record search results from the Northwest Information Center (NWIC) indicate there to be one prehistoric resource located within a 0.5-mile radius of the project site and a review conducted through the NAHC Sacred Land Files (SLF) recorded positive for the presence of Tribal Cultural Resources (TCRs) within the project site. On January 2, 2023, FCS sent a letter containing project information to 11 tribal representatives recommended by the NAHC requesting additional information regarding TCRs at the project site; no responses have been received to date. However, implementation of MM CUL-1a, MM CUL-1b, MM CUL-1c, and MM CUL-3 would reduce potentially significant impacts to TCRs to a less than significant level. (Draft EIR, p. 3.4-24) The Lead Agency finds that MM CUL-1a through MM CUL-1c and MM CUL-3 are feasible, adopted, and will further reduce impacts related to TCRs. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or 2941
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 26 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

Impact CUL-5: The proposed project would not cause a substantial adverse change in the significance of a Tribal Cultural Resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR Page 3.4-24) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
Implementation of MM CUL-1a through MM CUL-1c, and MM CUL-3.

Facts in Support of Findings
Record search results from the NWIC indicate that there is one prehistoric resource located within a

0.5-mile radius of the project site; a review of the NAHC SLF also showed positive for recorded TCRs being located within the project site. On January 2, 2023, FCS sent a letter containing project information to 11 tribal representatives recommended by the NAHC requesting additional information about TCRs at the project site; no responses have been received to date. However, implementation of MM CUL-1a, MM CUL-1b, MM CUL-1c, and MM CUL-3 would reduce potentially significant impacts to TCRs to a less than significant level. (Draft EIR Page 3.4-24) The Lead Agency finds that MM CUL-1a through MM CUL-1c and MM CUL-3 are feasible, are adopted, and will further reduce impacts related to TCRs. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

Cumulative Cultural Resources and Tribal Cultural Resources Impacts: With the implementation of mitigation, the proposed project would not result in a significant cumulative impact to cultural resources in the City of American Canyon or surrounding area. (Draft EIR, p. 3.4-25).

Findings: Less than significant cumulative impact with mitigation incorporated (Draft EIR, p.

3.4-25). Changes or alterations have been required in, or incorporated into, the 2942
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 27 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx project which avoid or substantially lessen the significant environmental effects as identified in the EIR (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implementation of MM CUL-1a, MM CUL-1b, MM CUL-1c, and MM CUL-3.

Facts in Support of Findings
The geographic scope of the cumulative cultural resources analysis is a 0.5-mile radius of the project site. Cultural resource impacts tend to be localized because the integrity of any given resource depends on what occurs only in the immediate vicinity around that resource, such as disruption of soils; therefore, in addition to the project site (including the off-site construction areas), the area near the project site would be the area most affected by project activities (generally within a 500- foot radius). The results of the cultural resources assessment and tribal consultation indicate that the project will not have a direct impact on any known historic resources, archaeological resources, human remains, or TCRs.

Construction activities associated with development projects in the project vicinity may have the potential to encounter undiscovered cultural resources; these projects would be required to mitigate for impacts through compliance with applicable federal and State laws governing cultural resources.

Although there is the possibility that previously undiscovered resources could be encountered by subsurface earthwork activities associated with the cumulative projects, the implementation of construction mitigation measures would ensure that undiscovered cultural resources are not adversely affected by cumulative project-related construction activities, which would prevent the destruction or degradation of potentially significant cultural resources. Although there is the possibility that previously undiscovered cultural resources and TCRs could be encountered by subsurface earthwork activities associated with the cumulative projects, the implementation of construction MM CUL-1a, MM CUL-1b, MM CUL-1c, and MM CUL-3 would ensure that undiscovered TCRs are not adversely affected by cumulative project-related construction activities. Given the standard conditions of approval and mitigation measures that cumulative projects would be required to implement, the proposed project, in conjunction with other planned and approved projects, would result in a less than significant cumulative impact related to TCRs. (Draft EIR, Page 3.4-25).

The Lead Agency finds that MM BIO-1a through MM BIO-1g are feasible, are adopted, and will reduce cumulative impacts related to biological resources. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated. 2943
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 28 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx

1.7.4 - Geology and Soils
Impact GEO-1: The proposed project would not expose people or structures to potential substantial adverse effects associated with seismic hazards.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 3.6-15) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
MM GEO-1 Prior to the issuance of the building permit, recommendations from the Geotechnical Engineering Investigation prepared by Krazan & Associates (Draft EIR Appendix E) shall be incorporated into all project plans and applicable constructionrelated permits and submitted to the City of American Canyon for review and approval.

Facts in Support of Findings
There are no active earthquake faults within the project site; for this reason, the proposed project would not be subject to fault rupture during a seismic event nor would it exacerbate exposure to fault rupture hazards. Impacts in this regard would be less than significant. (Draft EIR, p. 3.6-14) While the project site is located in a seismically active region of California, the Geotechnical Engineering Investigation prepared by Krazan & Associates proposes several recommendations that address seismic ground shaking hazards; these recommendations are incorporated in MM GEO-1.

The implementation of this mitigation measure would ensure that the proposed project is not exposed to strong ground shaking hazards, making impacts less than significant. (Draft EIR Page 3.6- 14)
The Geotechnical Engineering Investigation evaluated the potential for soil liquefaction during a seismic event using the LIQUEFYPRO computer program (Version 5.9d) developed by CivilTech Software. Conservative estimates for earthquake magnitude, peak horizontal ground surface acceleration, and groundwater depth were used as inputs. It was determined that soils below a depth of 10 feet have a slight to very low potential for liquefaction under seismic shaking due to predominately medium dense/stiff to very stiff sandy and clayey soils. In addition, the analysis also indicates that the total and differential seismic induced settlement is not anticipated to exceed 1 and 2/3 inches, respectively; this level of risk for liquefaction and settlement is not considered significant, and no mitigation is required. (Draft EIR, p. 3.6-14) Finally, there are no slopes near the project site that may be susceptible to landsliding during a seismic event, which precludes the possibility of the proposed project being susceptible to landsliding. Thus, the proposed project would not exacerbate exposure to such hazards. Impacts would be less than significant. (Draft EIR, p. 3.6-14)
2944
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 29 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx The Lead Agency finds that MM GEO-1 is feasible, is adopted, and will further reduce impacts related to seismic hazards during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts associated with dust control during construction would be less than significant with mitigation incorporated.

Impact GEO-2: The proposed project would not result in substantial soil erosion or the loss of topsoil.

Findings of Fact
The proposed project would involve grading, building construction, paving, and utility installation activities that may cause erosion and sedimentation; this includes construction activities associated with the proposed project.

MM HYD-1 (Draft EIR Section 3.9) requires the implementation of stormwater quality control measures during construction activities to prevent pollutants from entering downstream waterways.

Standard stormwater pollution prevention measures would include implementing structural and nonstructural control measures within and around disturbed areas to prevent soil and pollutants from leaving the project site. With implementation of MM HYD-1, impacts would be less than significant. (Draft EIR, p. 3.6-15)
Upon project completion, the majority of the site would consist of impermeable surfaces, thus reducing the risk of erosion on-site. Implementation of the project’s Stormwater Control Plan (Appendix F) would also ensure that erosion would not occur on-site during operation by implementing Low Impact Development design concepts, including stormwater control measures such as a proposed on-site retention basin. (Draft EIR, p. 3.6-15) The Lead Agency finds that MM HYD-1 is feasible, is adopted, and will further reduce impacts related to soil erosion and topsoil loss during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.
2945
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 30 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Impact GEO-4: The proposed project would not create substantial risks to life or property as a result of expansive soil conditions on the project site.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 3.6-16) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
Implementation of MM GEO-1
Findings of Fact
Approximately 17 feet of stiff to hard sandy clay, silty clay, and medium dense/very stiff clayey sand/sandy clay were encountered during the soil borings conducted by Krazan & Associates; upon further testing it was found that these clayey soils had a moderate to high potential for expansion.

The Geotechnical Engineering Investigation proposes several recommendations that address expansive soils, including either recompaction of surface soils with non-expansive engineered fill or lime treatment, which are incorporated into MM GEO-1. Through implementation of MM GEO-1, these impacts would be less than significant. (Draft EIR, p. 3.6-16) The Lead Agency finds that MM GEO-1 is feasible, is adopted, and will further reduce impacts related to soil expansion during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

Impact GEO-5: The proposed project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR, p. 3.6-17) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
MM GEO-5 Although extremely unlikely, should any significant paleontological resources (e.g., bones, teeth, well-preserved plant elements) be unearthed by the construction crew, their activities shall be diverted at least 15 feet from the find until a professional Paleontologist has assessed it and, if deemed significant, salvaged in a timely manner. Collected fossils shall be deposited in an appropriate repository, such as the University of California Museum of Paleontology (UCMP), where they shall be properly curated and made available for future research. 2946
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 31 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Findings of Fact
Although the project site is located on Quaternity alluvial fan deposits, the UCMP database lists no vertebrate or plant fossils in any of the forementioned geologic units in Napa County. The nearest Pleistocene vertebrate locality is approximately 10 miles southeast of American Canyon, in Solano County. As such, the potential for the proposed project to uncover vertebrate or plant fossils is low.

In the case of an extremely unlikely in which unknown paleontological resources are discovered during ground-disturbing activities, MM GEO-5 outlines procedures in case of an inadvertent discovery. Impacts would be less than significant with this mitigation incorporated. (Draft EIR, p. 3.6- 17)
The Lead Agency finds that MM GEO-5 is feasible, is adopted, and will further reduce impacts related to paleontological or geologic features during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

Cumulative Geology and Soils Impacts: With the implementation of mitigation, the proposed project would not result in a significant cumulative impact to geologic and paleontological resources in the City of American Canyon or surrounding area. (Draft EIR, p. 3.6-19) Findings: Less than significant cumulative impact with mitigation incorporated (Draft EIR, p.

3.6-19). Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implementation of MM GEO-1, MM HYD-1, and MM GEO-5.

Facts in Support of Findings
The geographic scope of the cumulative geology, soils, and seismicity analysis is the project vicinity.

Adverse effects associated with geologic, soil, and seismic hazards tend to be site-specific because each project site has its own geologic and soils conditions and each project has its own design characteristics, both which are localized within the area near the project site most affected by project activities (generally within a 0. 5-mile radius).

Past, present, and future development projects in the project vicinity have the potential to exacerbate exposure to seismic hazards. Thus, the project site may be subject to strong ground shaking during an earthquake. As such, MM GEO-1 requires the project applicant to implement all recommendations of the Geotechnical Engineering Investigation, including all California Building Standards Code applicable requirements into project plans. Nearby past, present, and reasonably foreseeable development projects may exacerbate exposure to similar potential seismic hazards and would thus be required to comply with the relevant State and local laws designed to mitigate seismic hazards and mitigation measures imposed under CEQA. Therefore, the proposed project in 2947
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 32 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx conjunction with other cumulative development would not expose people or structures to substantial adverse effects, including the risk of loss, injury, or death in the event of a major earthquake, fault rupture, ground shaking, seismic-related ground failure, landslide, or liquefaction. (Draft EIR, p. 3.6-17–3.6-18)
Regarding soil erosion, MM HYD-1 requires implementation of standard stormwater pollution prevention measures to ensure earthwork activities do not result in substantial erosion off-site. This mitigation would ensure compliance with the National Pollutant Discharge Elimination System (NPDES) stormwater permitting program, which regulates water quality originating from construction sites. The NPDES program governs the preparation and implementation of Stormwater Pollution Prevention Plans (SWPPPs) for projects nationwide in which construction activities disturb more than one acre; implementation of BMPs that ensure pollutant reduction during stormwater discharge; and applicable water quality requirements. The proposed project would be required to comply with all these regulations, as well as nearby past, present, and reasonably foreseeable development projects. Therefore, the proposed project in conjunction with other nearby cumulative development would not have a cumulatively significant impact associated with erosion. (Draft EIR, p.

3.6-18)
The project site contains native soils that have expansive characteristics; as such, MM GEO-1 requires the project applicant to implement all recommendations of the Geotechnical Engineering Investigation into project plans. Other nearby past, present, and reasonably foreseeable development projects could be exposed to expansive soil hazards and, therefore, have been and would be required to implement similar mitigation measures based on State and local regulations and CEQA requirements. As such, the proposed project, in conjunction with other nearby past, present, and reasonably foreseeable projects, would not have a cumulatively significant impact associated with expansive soils. (Draft EIR, p. 3.6-18) Paleontological resource impacts tend to be localized because the integrity of any given resource depends on activities in the immediate vicinity of that resource, which includes disruption of soils.

While the likelihood of an unknown paleontological resource being discovered on-site or within the immediate vicinity of the project site is low, MM GEO-5 requires assessment and, if deemed appropriate, salvage of any discovered paleontological resources. Implementation of MM GEO-5 would reduce impacts to less than significant. While construction activities associated with cumulative development projects in the project vicinity may have the potential to encounter undiscovered paleontological resources, these projects would also be required to mitigate for impacts through compliance with applicable federal and State laws governing paleontological resources, and would thus be expected to establish a similar protocol for undiscovered paleontological resources. (Draft EIR, p. 3.6-18)
The City finds that MM GEO-1, MM HYD-1, and MM GEO-5, are feasible, are adopted, and will further reduce cumulative impacts related to geologic and paleontological resources. Accordingly, the City finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. 2948
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 33 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Therefore, the proposed project would not result in a significant cumulative impact to geology and soils in the City of American Canyon or surrounding area.

1.7.5 - Hydrology and Water Quality
Impact HYD-1: The proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.

Findings: Less than significant impact with mitigation incorporated. (Draft EIR Page 3.9-12) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
MM HYD-1 Prior to the issuance of grading permits or building permits (whichever occurs first), the project applicant shall obtain coverage under the NPDES General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit) (Order WQ 2022-0057-DWQ, NPDES No. CAS000002) by preparing a SWPPP and submitting it, along with a Notice of Intent (NOI), to the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB). The City of American Canyon shall confirm that the applicant has prepared a SWPPP and obtained coverage under the General Permit prior to issuance of grading or building permits. The SWPPP shall include but not be limited to the following elements:
• Temporary erosion control measures shall be employed for disturbed areas. • No disturbed surfaces shall be left without erosion control measures in place during the winter and spring months. disturbed areas shall be covered with soil stabilizers, mulch, fiber rolls, or temporary vegetation. • Sediment shall be retained on-site by a system of sediment basins, traps, or other appropriate measures. drop inlets shall be lined with filter fabric/geotextile.

Discharge from the stormwater system shall be diffused in such a way as to mimic existing overland flow conditions.
• The construction contractor shall prepare standard operating procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains. this may include locating constructionrelated equipment and processes that contain or generate pollutants in a secure way, away from storm drains, gutters, and wetlands; parking, fueling, and cleaning all vehicles and equipment in the secure area; designating concrete washout areas; and preventing or containing potential leakage or spilling from sanitary facilities.
• BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or 2949
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 34 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx elimination (such as inadvertent petroleum release) is required by the RWQCB to determine adequacy of the measure.
• In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance as an interim erosion control measure throughout the wet season. • Prior to issuance of grading permits for the proposed project, the applicant shall submit to the City of American Canyon for review and approval a SWPPP in accordance with the requirements of the Statewide General Permit. The SWPPP shall be implemented during construction.

Findings of Fact
The potential for the proposed project to degrade water quality arises from (1) short-term land disturbance from construction activities and presence of contaminants associated with construction machinery, and (2) long-term changes to land use and drainage patterns that may increase the delivery of sediments, nutrients, organic compounds, trash/debris, and other contaminants to waterways tributary to the Napa River.

According to the Hydrology Report, the proposed project would result in a net decrease in peak stormwater runoff rates from the existing conditions which would satisfy the City of American Canyon Engineering Standards Plans and Specifications (ESPS) and the Bay Area Stormwater Management Agencies Association (BASMAA) Stormwater Control Plan standards. Furthermore, a Stormwater Control Plan prepared for the proposed project has been reviewed and verified by the City of American Canyon to ensure the proposed stormwater controls are adequate pursuant to the requirements of Order No. R2-2015-0049 (or a more recent permit) and an operation and maintenance program is in place to ensure the long-term functionality of the stormwater controls. (Draft EIR, p. 3.9-9 to 3.9-10)
MM HYD-1 stipulates the development and implementation of a SWPPP to outline site-specific stormwater quality control measures (such as BMPs) during construction activities to prevent pollutants from entering downstream waterways; with implementation of MM HYD-1–as well as pollution prevention measures, BMPs, Low Impact Development (LID) design concepts, and ongoing maintenance requirements provided in the Stormwater Control Plan–construction-related water quality impacts would be reduced to a less than significant level. Note that MM HYD-1 was revised in the Final EIR to remove a typographical error referring to an adjacent parcel. The proposed project does not include any activity on the adjacent parcel. (Draft EIR, p. 3.9-10).

The Lead Agency finds that MM HYD-1 is feasible, is adopted, and will further reduce impacts related to water quality and waste discharge during construction. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated. 2950
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 35 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Cumulative Hydrology and Water Quality Impacts: With the implementation of mitigation, the proposed project would not result in a significant cumulative impact to hydrology and water quality in the City of American Canyon or surrounding area. (Draft EIR, Page 3.9-14) Findings: Less than significant cumulative impact with mitigation incorporated (Draft EIR, Page

3.9-14). Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR (CEQA Guidelines § 15091(a)(1)).

Mitigation Measures
Implementation of MM HYD-1.

Facts in Support of Findings
The proposed project would involve short-term construction and long-term operational activities which would be subject to regulatory requirements that would ensure no significant adverse impacts would occur. MM HYD-1 would require implementation of various construction and operational water quality control measures that would prevent the release of pollutants into downstream waterways. These measures include preparation of a SWPPP in accordance with the requirements of the Statewide Construction General Permit as well as compliance with the Municipal Regional Permit, including implementation of BMPs and LID features.

Other past, present, and reasonably foreseeable projects that propose new development have been and would be required to implement similar mitigation measures in accordance with applicable laws and regulations. The combined implementation of construction and operation water quality control measures by other past, present, and reasonably foreseeable projects would avoid, or reduce to a less than significant level, any related cumulative impacts on downstream waterways including North Slough and the Napa River. (Draft EIR, p. 3.9-14)
All other project-related hydrology impacts were found to be less than significant and did not require mitigation (e.g., groundwater and drainage). Other past, present, and reasonably foreseeable projects that result in groundwater and drainage impacts have been and would be required to comply with applicable laws and regulations designed to protect groundwater resources and ensure adequate drainage facilities are provided for all projects and include facilities to prevent and reduce runoff from development sites.

Therefore, the proposed project, in conjunction with other past, present, and reasonably foreseeable planned and approved projects in the vicinity, would not have a cumulatively significant impact related to hydrology and water quality. (Draft EIR, p. 3.9-14) The Lead Agency finds that MM HYD-1 is feasible, is adopted, and will reduce cumulative impacts related to hydrology and water quality. Accordingly, the Lead Agency finds that, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the proposed project that mitigate or avoid 2951
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 36 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx the potentially significant impacts as identified in the EIR. Therefore, impacts would be less than significant with mitigation incorporated.

1.8 - Impacts Identified in the EIR as Being Significant and Unavoidable Even After the Incorporation of All Feasible Mitigation Measures The Lead Agency hereby finds that, despite the incorporation of mitigation measures outlined in the EIR and the attached Mitigation Monitoring and Reporting Program (MMRP), the following impacts from the proposed project and related approvals cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein.

1.8.1 - Transportation and Traffic
Impact Trans-2: The proposed project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision b.

Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. (CEQA Guidelines § 15091(a)(1)). However, impacts would still remain significant and unavoidable even with mitigation incorporated. (Draft EIR, p. 3.13- 16). Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measure or project alternatives identified in the EIR. (CEQA Guidelines § 15091(a)(1))
Mitigation Measures
MM TRANS-2 Transportation Demand Management Program
The proposed project shall develop a Transportation Demand Management (TDM) program to encourage employees to choose non-personal vehicle modes of transportation for commuting. This includes a commute trip reduction marketing initiative, through which the employer would disseminate information about available transportation options. Strategies would include encouraging ride sharing among project employees and linking them to resources to find rideshare partners working nearby, such as through the Napa Valley Transportation Authority (NVTA) VCommute program or the regional 511.org program. Marketing materials can also inform employees of resources such as the Guaranteed Ride Home Program, which provides free rides home in emergency situations for employees using non-personal vehicle transportation modes.

Facts in Support of Findings
The proposed project’s VMT was evaluated in accordance with the City’s adopted VMT policy. For the project’s VMT impact to be less than significant, the VMT per employee would need to be reduced by at least 19 percent below current levels. However, according to the 2021 California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission 2952
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 37 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (CAPCOA Handbook), a reduction in the VMT of 15 percent is generally considered the maximum feasible mitigation for suburban environments such as that of the proposed project. If this level of trip reduction could be achieved, that would mitigate most of the project’s VMT impact, although not to a level that would be less than significant (19 percent); however, given the lack of transit services within an acceptable walking distance of the proposed project, achieving this level of mitigation is considered infeasible. Even with implementation of a TDM Plan as required by MM TRANS-2, the impact would remain significant and unavoidable. (Draft EIR, pp. 3.13-15 – 3.13-16) The Lead Agency finds that MM Trans-2 is feasible, is adopted, and will reduce impacts to the greatest extent feasible. However, impacts would still remain significant and unavoidable even with mitigation incorporated.

Cumulative Transportation and Traffic Impact: The proposed project would have a cumulatively considerable contribution to VMT.

Facts in Support of Findings
The proposed project would have a cumulatively considerable contribution to VMT. All other cumulative impacts related to transportation and traffic would be less than significant, as discussed below.

As discussed in Impact TRANS-1, the proposed project would not have a significant impact on the circulation system. Moreover, other past, present and reasonably foreseeable development would be required to demonstrate consistency with applicable plans, programs and ordinances which would reduce potential cumulative impacts to below a level of significance. Therefore, the proposed project would not have a cumulatively considerable contribution to cumulative impacts. (Draft EIR, p. 3.13-17)
With respect to Impact TRANS-3, the potential hazards from design features or incompatible uses are specific to the project site (e.g., site access, sight distance, etc.) and would not combine with other projects. The proposed project and other past, present, and reasonably foreseeable future projects have complied and must comply with local standard requirements for transportation-related 2953
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 38 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx design features specifically adopted to avoid and reduce hazards from project design or the location of incompatible uses, thereby reducing potential significant cumulative impacts to less than significant levels. Therefore, no significant impacts would result from the proposed project combined with cumulative projects. (Draft EIR, p. 3.13-18)
With respect to Impact TRANS-4, the provision of adequate emergency access is site specific and would not combine with other projects. The proposed project and other past, present, and reasonably foreseeable future projects must comply with local standard requirements for adequate emergency access specifically adopted to avoid or reduce the potential for inadequate access. )Furthermore, as was determined in the operational analysis conducted for SDG Commerce 217, the proposed project and other projects would not have significant impacts on the performance of the Green Island Road/Commerce Boulevard intersection and, therefore, it can be inferred that it would also not impair emergency response to the project vicinity. Therefore, no significant adverse cumulative impacts would result. (Draft EIR, p. 3.13-18) However, as discussed above, Impact TRANS-2 concluded that the proposed project would have a significant and unavoidable impact on VMT because the proposed project would be required to reduce VMT by a minimum of 19 percent below the citywide average, which would be challenging given the project’s location and lack of access to high-quality transit. MM TRANS-2 would reduce project-related VMT but not to a level below significance. As such, the proposed project would have a cumulatively considerable contribution on VMT. (Draft EIR, 3.13-17–3.13-18) The Lead Agency finds that MM TRANS-2 is feasible, is adopted, and will reduce impacts to the greatest extent feasible. However, cumulative impacts related to VMT would still remain significant and unavoidable even with mitigation incorporated.

1.9 - Findings Regarding Alternatives

1.9.1 - Introduction
This section presents findings regarding alternatives to the proposed project. The section provides a summary and discussion of the feasibility of the following alternatives evaluated in the Draft EIR:
• No Project Alternative: The project site would remain undeveloped for the foreseeable future and no development would occur.
• Reduced Density Alternative: A 164,875-square-foot wine warehouse would be developed on the project site, which represents a 25 percent reduction in square footage.

CEQA case law is clear that EIRs for proposed private projects consistent with governing General Plan designations generally need not address alternative sites, given that such existing General Plan designations embody policy decisions already made by governing city councils and boards of supervisors. “[T]he keystone of regional planning is consistency—between the general plan, its internal elements, subordinate ordinances, and all derivative land use decisions” (Citizens of Goleta Valley v. Board of Supervisors [1990] 52 Cal.3d 553, 572). “Case-by-case reconsideration of regional land use policies, in the context of a project-specific EIR, is the very antithesis of that goal.” (Id. at p. 2954
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 39 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx 573) “[A]n EIR is not ordinarily an occasion for the reconsideration or overhaul of fundamental land use policy” (Ibid).

CEQA does not require that an analysis of alternate sites always be included in an EIR. Pursuant to CEQA Guidelines Section 15126.6(f)(2), in making the decision to include or exclude analysis of an alternate site, the “key question and first step in analysis is whether any of the significant effects of the proposed project would be avoided or substantially lessened by putting the proposed project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the proposed project need to be considered for inclusion in the EIR.” Although not required, Draft EIR Table 6-4 evaluates the feasibility of three alternative locations located within 1.5 miles of the project site in either the City of American Canyon or unincorporated Napa County (Exhibit 6-1). As indicated in Table 6-4, none of the sites would meet CEQA Guidelines criteria for a feasible alternative location. Furthermore, utilization of a different project site would not meet the project objective of building out the SDG Commerce complex. Therefore, no alternative site was considered feasible and, thus, each of the sites identified in Table 6-4 were rejected from further consideration (Draft EIR, p. 6-9). Additionally, the City did not further consider an alternative that reduce the proposed project’s square footage by 50 percent, resulting in the development of a 109,917-square-foot warehouse. The reduction in square footage would not meet the City’s project objectives to develop the land to its highest and best use and to maximize the efficient use of land.

Furthermore, it would meet all other objectives to a lesser extent than the Reduced Density Alternative and it would still would not avoid significant transportation impacts. Therefore, this alternative was rejected from further consideration.

No additional feasible alternatives were suggested during the public comment period. In accordance with CEQA Guidelines Section 15126.6, the EIR contained a comparative impact assessment of alternatives to the proposed project (See Table 6-3, Summary of Alternatives). The primary purpose of this analysis is to provide decision-makers and interested agencies, organizations and individuals with information about a reasonable range of potentially feasible project alternatives, which could avoid or reduce any of the proposed project’s significant adverse environmental effects. Important considerations for these alternatives analyses are noted below:
• An EIR need not consider every conceivable alternative to a project; • An EIR should identify alternatives that were considered by the lead agency, but rejected as infeasible during the scoping process;
• Reasons for rejecting an alternative include:
- Failure to meet most of the basic project objectives identified in Section 2.4 of the Draft EIR - Infeasibility; and
- Inability to avoid significant environmental effects.

For the reasons set forth below, the City rejects each of the alternatives to the proposed project. 2955
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 40 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Alternative 1: No Project/No Development Alternative
CEQA Guidelines Section 15126.6(e) requires that an EIR evaluate a “No Project Alternative,” which is intended to allow decision-makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. In cases where the proposed project constitutes a land development project, the No Project Alternative is the “circumstance under which the project does not proceed.” For many projects, the No Project Alternative represents a “No Development” scenario, in which the project site remains in its existing condition and no development occurs for the foreseeable future.

Since the project site has not been previously entitled for development, the No Project Alternative consists of the project site remaining undeveloped for the foreseeable future. • The No Project/No Development Alternative would avoid the proposed project’s significant and unavoidable impacts and would avoid any potential impacts related to all environmental topical areas. However, this alternative would not advance any of the project objectives, including those related to:

1. Facilitating the development of land planned for business park/industrial uses to its highest and best use.

2. Positively contributing to the local economy.

3. Providing the City of American Canyon with a high-quality, employment-generating industrial development.

4. Serving local and regional demand for manufacturing, logistics warehouse, and other industrial uses.

Finding: Based on the discussion in the EIR and all other evidence before it, the Lead Agency finds the No Project/No Development Alternative does not meet the project objectives, and thus would represent a less desirable policy outcome as compared with the proposed project, which would fully meet the project objectives and is an active development proposal that would bring the City of American Canyon all of the benefits set forth in the Statement of Overriding Considerations.

Additionally, it should be noted that the project site is zoned for industrial use, has been the subject of previous industrial development proposals, and is currently served with infrastructure suitable for this type of development. Thus, should the proposed project not advance, it would be expected that another industrial development proposal would be submitted.

For all of these reasons, the Lead Agency rejects the No Project/No Development Alternative as infeasible.

Alternative 2: Reduced Density Alternative
Under the Reduced Density Alternative, a 164,875 square-foot wine warehouse would be developed on the project site, which represents a 54,958-square-foot reduction (25 percent reduction) in the proposed project’s square footage and buildout potential. Aside from the square footage, all other 2956
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 41 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx aspects of this alternative would be identical to the proposed project. This includes project boundaries, layout, design, and vehicular access points. • The Reduced Density Alternative would lessen the severity of, but would not avoid, the significant and unavoidable transportation impacts associated with the proposed project.

Additionally, the Reduced Density Alternative would lessen the severity of several of the significant impacts that can be reduced to a level of less than significant with mitigation (e.g., air quality, biological resources, cultural resources, geology and soils, and hydrology and water quality). However, these forementioned impacts would not be substantially reduced relative to the proposed project.

Because of the reduced square footage, the Reduced Density Alternative advances several project objectives to a lesser degree than the proposed project and would therefore represent a less desirable policy outcome as compared with the proposed project. These objectives include:

1. Facilitating the development of land planned for business park/industrial uses to its highest and best use.

2. Positively contributing to the local economy.

3. Providing the City of American Canyon with a high-quality, employment-generating industrial development.

4. Serving local and regional demand for wine warehouse uses.

Finding: Based on the discussion in the EIR and all other evidence before it, the Lead Agency finds that the Reduced Density Alternative advances several project objectives to a lesser degree than the proposed project and would therefore represent a less desirable policy outcome as compared with the proposed project, which would fully meet the project objectives and would bring the City of American Canyon all of the benefits set forth in the Statement of Overriding Considerations.

The primary difference between the alternative and the proposed project is that the alternative is 25 percent smaller. The Lead Agency sees no compelling need to impose such a size reduction on the applicant given the economic realities the applicant is facing and the fact that environmental impacts of the alternative would not be substantially less than those of the project.

For all of these reasons and each of them, the Lead Agency rejects the Reduced Density Alternative as infeasible toward fully meeting project objectives.

1.10 - Findings Regarding Cumulative Impacts
Consistent with CEQA’s requirements, the EIR for the proposed project includes an analysis of cumulative impacts for every topical section. As discussed above, except as to Cultural and Tribal Cultural Resources, Hydrology and Water Quality, and Traffic (VMT), all cumulative impacts associated with the proposed project are less than significant and no mitigation is required. With the implementation of applicable mitigation and compliance with applicable regulations, cumulative 2957
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 42 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx impacts associated with Cultural and Tribal Cultural Resources and Hydrology and Water Quality would be reduced to below a level of significant. As discussed above in Section 1.7, even with the implementation of all feasible mitigation, the Lead Agency finds that the proposed project would have a cumulatively considerable contribution to VMT.

1.11 - Findings Regarding Growth Inducement
CEQA Guidelines Section 15126.2(e) requires a discussion of the ways in which a proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.

The proposed project would develop light industrial uses on an undeveloped site. No housing is proposed and no direct residential growth would occur. The proposed project would employ an estimated 35 full-time employees and 25 part-time employees when fully operational at buildout.

The California Employment Development Department (EDD) estimated Napa and Solano County’s combined labor force at 267,800 in November 2022. As such, the local labor force is sufficiently large enough to allow the project’s employment opportunities to be filled locally such that unplanned growth would not occur. Lastly, roadways and infrastructure exist adjacent to the project site. The proposed project would not extend urban services or transportation infrastructure to a previously unserved or underserved area, or remove any major barriers to development, therefore, the City of American Canyon finds that the proposed project would not result in unplanned growth. However, the proposed project would bring increased economic opportunities to the City in the form of additional business and increased tax revenues consistent with the City’s long range planning goals.

1.12 - Mitigation Monitoring and Reporting Plan
Pursuant to Public Resources Code Section 21081.6 and Guidelines Section 15091(d), the Lead Agency adopts the MMRP prepared for the proposed project, attached as Appendix A.

Implementation of the mitigation measures contained in the MMRP is hereby made a condition of approval of the proposed project. The MMRP is incorporated by reference in these Findings. In the event of any inconsistencies between the mitigation measures set forth herein and the MMRP, these Findings of Fact shall control.

1.13 - Findings Regarding Recirculation
During the public review period after the Draft EIR was published, the Lead Agency received certain additional information. Lead Agency staff and consultants involved in preparing the various studies, reports and analyses included in the Draft EIR have also presented additional information since the publication of the Draft EIR. Some of this information was contained in comments submitted on the Draft EIR, and in responses to those comments contained in the Final EIR. Other information was presented at or before public meetings/hearings on the EIR. The Final EIR incorporates feasible mitigation, additions, clarifications, modifications, and other changes, in response to comments and as determined appropriate by Lead Agency staff and required under CEQA.

These revisions are addressed fully in the Final EIR. MM HYD-1 was slightly revised herein to remove inapplicable language. The analysis and significance conclusions in the Draft EIR are not changed. 2958
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 43 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx Several comment letters during the public review of the Draft EIR raised issues concerning mitigation measures. As discussed in the Final EIR, the City does not find any of the suggested mitigation necessary or significantly different from mitigation or project design features already required. (See, e.g., Final EIR, Response to Comments, Responses CDFW-4, CDFW-5, CalTrans-3, BAGINSKI 1-5, and BAGINSKI 1-6). No additional feasible alternatives beyond those evaluated in the Draft EIR were proposed during the comment period. Under Laurel Heights Improvement Ass'n v. Regents of Univ. of Cal. (1993) 6 C4th 1112 (Laurel Heights II) and the CEQA Guidelines (14 California Code of Regulations [CCR] § 15088.5(a)(3)), when information added to the Final EIR consists of a suggested additional mitigation measure, recirculation is required only if the new mitigation measure meets all of the following criteria (South County Citizens for Smart Growth v. County of Nevada (2013) 221 CA4th 316, 330):
• It is feasible;
• It is considerably different from the alternatives or mitigation measures already evaluated in the Draft EIR;
• It would clearly lessen the project's significant environmental impacts; and • It is not adopted.

Recirculation is only required only if each of the above tests is met. (South County Citizens, supra at 330). As described in detail in the Final EIR, mitigation measures and alternatives proposed during the public comment period are either (1) not necessary; (2) not feasible; (3) or are already included as mitigation.

The Lead Agency has considered all relevant information including the opinions and comments of interested agencies, organizations and individuals. The Lead Agency finds that the additional mitigation does not meet the test for recirculation. Additionally, the Lead Agency finds that none of the additional information provided during the public comment period demonstrates any of the following situations requiring recirculation identified in CEQA Guidelines Section 15088.5 have occurred:
• A new significant environmental impact that would result from the project (or any alternative) or from a new mitigation measure proposed to be implemented. • A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. • A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project (or an alternative), but the project's proponents decline to adopt it. • The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

Based on the foregoing and as explained in more detail in the Final EIR, and having reviewed all the information in the record of proceedings, the Lead Agency hereby finds that this additional 2959
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 44 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx information does not constitute significant new information, nor does it require recirculation of the EIR. The additional information merely clarifies or amplifies an adequate EIR.

1.14 - Statement of Overriding Considerations
CEQA requires that a Lead Agency balance the benefits of a project against its unavoidable environmental risk in determining whether to approve the proposed project. If the benefits outweigh the unavoidable adverse effects, those effects may be considered “acceptable” pursuant to CEQA Guidelines Section 15093(a). CEQA requires that a Lead Agency support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate.

Those reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record pursuant to CEQA Guidelines Section 15093(b). The Lead Agency’s written reasons are referred to as a Statement of Overriding Considerations.

As explained in the above Findings of Fact, most of the proposed project’s impacts on the environment would either be insignificant or, through the incorporation of mitigation measures as conditions of approval of the proposed project, can be reduced to less than significant. However, as set forth in Section 1.7 above, impacts related to inconsistency with CEQA Guidelines Section 15064.3(b) and cumulative VMT impacts, will remain significant and unavoidable even with implementation of all feasible mitigation measures.

Further, as set forth in Section 1.8 above, there are no feasible alternatives to the proposed project, which would mitigate or avoid those environmental impacts and meet project objectives.

Accordingly, as set forth below, the City of American Canyon hereby declares that the following benefits provided to the public through the approval and implementation of the proposed project outweigh the identified significant adverse environmental impacts of the proposed project that cannot be mitigated. The City of American Canyon finds that each of the project benefits separately and individually outweighs all of the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable.
• The proposed project would contribute to the City’s economic base and is estimated to create 35 full-time and 20 part-time new local employment opportunities that would Improve American Canyon’s jobs-housing ratio. The development of up to 55 new jobs in a housing-rich part of the Bay Area region would allow employees to work closer to where they live, thereby reducing VMT.
• The proposed project site would avoid and preserve two existing isolated wetlands and would include the planting of various ornamental and shade trees throughout the site, thereby supporting the State’s protection of wetlands. Additionally, the preservation of the on-site wetlands will continue to contribute to groundwater recharge. • The proposed project would provide needed industrial space to store wine, which would support the local viticulture-related businesses and activities. • The proposed project would advance General Plan Goals and Policies, including Goal1R to provide a high-quality built environment by developing a contemporary 219,834-square-foot wine warehouse with pedestrian facilities and landscaping. 2960
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions 45 U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx • The proposed project would improve infrastructure by enhancing bicycle connectivity near the site and encourage alternative transportation by providing bicycle parking spaces in excess of the City’s Zoning Ordinance Chapter 19.14.090A requirements. • The proposed project would contribute to improved public services in the City in the form of development fees that would fund the development of a new fire station. • The proposed project would expand the tax base by developing needed industrial uses on a currently vacant lot. An increased tax base would economic growth in the City and contribute to the City’s fiscal health.

The substantial evidence supporting the enumerated benefits of the proposed project can be found in the preceding findings, in the proposed project itself, in the record of proceedings as defined below, in the City's General Plan, and in pertinent sections of the City’s Zoning Ordinance. Each of the overriding considerations set forth above constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh its significant adverse environmental effects and is an overriding consideration warranting approval. Thus, if a court were to find that any particular benefit is not supported by substantial evidence, the City Council would rely on whatever benefit(s) that the court did find were supported by substantial evidence.

1.15 - Custodian of Record; Scope and Content of Record The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the Community Development Department at 4381 Broadway Street, Suite 201, American Canyon, CA 94503. This information is provided in compliance with Public Resources Code Section 21081.6.

Various documents, information, testimony, reports, studies, analyses and other materials (both oral and written) constitute the record upon which the City Council bases these Findings and the basis for the City Council’s approval and/or adoption contained herein. These Findings cite specific pieces of evidence, but none of the City Council’s findings are based solely on those cited pieces of evidence.

Rather, these Findings are based upon the entire record, and the Lead Agency intends to rely upon all supporting evidence in the record for each of its conclusions contained herein.

The documents in the record include all items referenced in Public Resources Code Section 21167.6(e):
(i) All project application materials;
(ii) The project EIR (including the Draft EIR, the Final EIR, and all appendices attached thereto);
(iii) All staff reports and related documents prepared by the lead agency and/or consultants with respect to the lead agency’s compliance with the substantive and procedural requirements of this division and with respect to the action on the project; 2961
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations 46 FirstCarbon Solutions U:\Planning & Building\PLANNING\City Council Reports\CC Reports 2024\11.19.24\SDG Commerce 220 CUP\16. Exhibit O SDG Commerce 220 FOF and SOS rev.docx (iv) All staff reports and related documents prepared by the lead agency and written testimony or documents submitted by any person relevant to any findings or Statement of Overriding Considerations adopted by the lead agency pursuant to this division; (v) All documentary and oral evidence received and reviewed at public hearings, public meetings, study sessions, and workshops on the project EIR, and any transcript or minutes of the proceedings at which any advisory body or decision-making body heard testimony on, or considered the project EIR;
(vi) All notices issued by the lead agency to comply with this division or with any other law governing the processing and approval of the project;
(vii) All written comments received in response to, or in connection with, the project EIR, including comments on the Draft EIR;
(viii) All written evidence or correspondence submitted to, or transferred from, the lead agency with respect to compliance with this division or with respect to the project; (ix) Any proposed decisions or findings submitted to the decision-makers by lead agency staff, or the project proponent, project opponents, or other interested agencies, organizations and/or individuals;
(x) The documentation of the final decision, including the Draft EIR and all documents, in addition to those referenced in paragraph (c), cited or relied on in the findings or in a Statement of Overriding Considerations adopted pursuant to this division; (xi) For documentary and informational purposes, all locally-adopted land use plans and ordinances, including, without limitation, general plans, specific plans and ordinances, master plans together with environmental review documents, findings, mitigation monitoring programs, and other documentation relevant to planned growth in the area; (xii) Any other written materials relevant to the lead agency’s compliance with this division or to its decision on the merits of the project, including any drafts of any environmental document or portions thereof, which have been released for public review, and copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the lead agency's files on the project, and all internal agency communications, including staff notes and memoranda related to the project or to compliance with this division; (xiii) The full written record before any inferior administrative decision-making body whose decision was appealed to a superior administrative decision-making body prior to the filing of litigation; and
(xiv) Any additional items not included above if otherwise required by law. 2962
City of American Canyon—SDG Commerce 220 Distribution Center Project CEQA Findings of Fact and Statement of Overriding Considerations FirstCarbon Solutions
Appendix A:

Mitigation Monitoring and Reporting Program
2963
Mitigation Monitoring and Reporting Program
for the
SDG Commerce 220 Distribution Center Project
Environmental Impact Report
City of American Canyon, Napa County, California
Prepared for:

City of American Canyon
4381 Broadway Street, Suite 201
American Canyon, CA 94503
707.647.4337
Contact: William He, Senior Planner
Prepared by:

FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Janna Waligorski, Project Manager
Report Date: September 12, 2024
2964

THIS PAGE INTENTIONALLY LEFT BLANK
2965
City of American Canyon–SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program Preface
FirstCarbon Solutions 3 Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx

The purpose of the MMRP is to ensure compliance with the mitigation measures occurs during project implementation.

This document does not discuss those subjects that the environmental analysis demonstrates would result in less than significant impacts and for which no mitigation was proposed or necessary. 2966

THIS PAGE INTENTIONALLY LEFT BLANK
2967
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 5 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Table 1: SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial

3.2 Air Quality
MM AIR-1: Implement BAAQMD Best Management
Practices to Control Dust During Construction
The following dust control measures, as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included in the design of the proposed project and
implemented during construction:
• All exposed non-paved surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and access roads) shall be watered at least two times per day and/or nontoxic soil stabilizers shall be applied to exposed nonpaved surfaces. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard.
• All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street
sweepers at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the maximum
idling time to 5 minutes, as required by the California Airborne Toxics Control Measure (ACTM) Title 13, Section 2485 of California Code of Regulations. Clear signage
Incorporation into project
construction documents.

On-site inspection.

Submittal of proof of
implementation during
construction.

Prior to issuance of a
grading permit or
building permit.

During construction.

During construction
City of American
Canyon
2968
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 6 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
regarding idling restrictions shall be provided for
construction workers at all access points.
• All construction equipment shall be maintained and
properly tuned in accordance with the manufacturer’s
specifications. All equipment shall be checked by a
certified mechanic and determined to be running in proper condition prior to operation.
• The prime construction contractor shall post a publicly visible sign with the telephone number and person to
contact regarding dust complaints. The construction
contractor shall take corrective action within 48 hours. The BAAQMD’s and the City’s phone numbers shall also be
visible to ensure compliance with applicable regulations.

I. January–March 20: Conduct one survey total.

Qualified Biologist preconstruction surveys and
submittal of survey
documents.

Prior to ground
disturbance during
nesting season
(March 20 through
July 20).

City of American
Canyon; California
Department of Fish
and Wildlife (CDFW);
Qualified Biologist;
United States Fish
and Wildlife Service
(USFWS).
2969
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 7 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
II. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00 p.m. to sunset.

III. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m.
and/or 4:30 p.m. to sunset.

IV. April 21–June 10: Initiating surveys are not
recommended. Monitoring of known nest sites only.

V. June 10–July 30: (post-fledging) Conduct three surveys total. Surveys shall be conducted between sunrise to
12:00 p.m. and/or 4:00 p.m. to sunset.

Pre-construction surveys shall be completed for at least the two survey periods immediately prior to a project’s initiation.

1. Construction activities shall be prohibited within 600 feet of an active and occupied Swainson’s hawk nest, or within 600 feet of nests under construction, to prevent nest
abandonment.

2. Notwithstanding the foregoing, if site-specific conditions or the nature of the construction activity (e.g., other nearby development, limited activities) indicate that a smaller buffer, or no buffer at all, could be used, the project applicant may seek approval from the qualified
Biologist who in coordination with the California
Department of Fish and Wildlife (CDFW) shall determine
the appropriate buffer size, which, once approved, shall govern.

On-site monitoring by the
Qualified Biologist if survey
finds Swainson’s Hawk
species.

During construction. City of American
Canyon; CDFW;
Qualified Biologist;
USFWS.
2970
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 8 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial

3. No tree containing an active Swainson’s hawk nest shall be removed.

The qualified Biologist shall follow the California Department of Fish and Wildlife (CDFW) 2012 Staff Report on Burrowing Owl Mitigation habitat assessment and survey methodology prior to project activities occurring during the burrowing owl wintering season from September 1 to January 31. The
habitat assessment and surveys shall encompass a sufficient buffer zone to detect owls nearby that may be impacted, which shall be a minimum of 1,640 feet unless otherwise approved in writing by the CDFW. Surveys shall include four nonbreeding season surveys spread evenly throughout the nonbreeding season pursuant to the CDFW 2012 Staff Report.

Time lapses between surveys or project activities shall trigger subsequent surveys, as determined by a qualified Biologist, including but not limited to a final survey within 24 hours prior to ground disturbance and before construction
equipment mobilizes to the project area. The qualified
Biologist shall have a minimum of 2 years of experience implementing the CDFW 2012 Staff Report survey
methodology resulting in detections.

Detected burrowing owls shall be avoided pursuant to the buffer zone prescribed in the CDFW 2012 Staff Report, unless otherwise approved in writing by CDFW, and any eviction plan shall be subject to CDFW review. Please be advised that CDFW does not consider eviction of burrowing owls (i.e., passive removal of an owl from its burrow or other shelter) as a “take” avoidance, minimization, or mitigation measure; therefore, off-site habitat compensation shall be included in Qualified Biologist preconstruction surveys and
submittal of survey
documents
Prior to project
activities during the
burrowing owl
wintering season
(September 1
through January 31
City of American
Canyon; CDFW;
Qualified Biologist;
USFWS
2971
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 9 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
the eviction plan. Habitat compensation acreages shall be approved by CDFW, as the amount depends on-site-specific conditions and must be completed before project
construction unless otherwise approved in writing by CDFW.

Habitat compensation shall also include placement of a
conservation easement and preparation and implementation of a long-term management plan prior to project
construction.

MM BIO-1d: Protection of Active Bird Nests (includes preconstruction survey and implementation of avoidance buffer, if found).

1. If the proposed project requires vegetation to be removed during the nesting season (February 1 to August 31), preconstruction surveys shall be conducted no more than 7 days prior to the start of ground or vegetation disturbance (including tree removal) to determine whether or not
active nests are present within the project site and buffer area as appropriate.

2. If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated
disturbance level. (The California Department of Fish and Wildlife [CDFW] recommends a minimum no-disturbance
buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors.) A qualified Biologist shall delineate the avoidance buffer using Environmentally
Sensitive Area (ESA) fencing, pin flags, and/or yellow
caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. No construction activities or
construction foot traffic is allowed to occur within the avoidance buffer(s).

Qualified Biologist’s preconstruction survey and
submittal of survey
documents; on-site
monitoring by the qualified
Biologist if survey finds
active bird or raptor nests
Prior to ground or
vegetation
disturbance during
nesting season
(February 1 to
August 31)
City of American
Canyon; CDFW;
Qualified Biologist;
USFWS
2972
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 10 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial

MM BIO-1e: Roosting Bat Pre-construction Survey and
Avoidance
A qualified Biologist with relevant roosting bat experience shall conduct a survey for special-status bats during the appropriate time of day to maximize detectability to
determine whether bat species are roosting near the work area no less than 7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g.,
observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.) within 250 feet of project
construction activities (where accessible).

If the Biologist determines or presumes bats are present, the Biologist shall exclude the bats from suitable spaces by installing one-way exclusion devices. After the bats vacate the space, the Biologist shall close off the space to prevent recolonization. Grading shall only commence after the
Biologist verifies 7 to 10 days later that the exclusion methods have successfully prevented bats from returning. To avoid impacts on non-volant (i.e., nonflying) bats, the Biologist shall only conduct bat exclusion and eviction from May 1 through October 1. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young).

Qualified Biologist’s preconstruction bat survey and
submittal of survey
documents; on-site
monitoring by the qualified
Biologist if survey finds bat
species
7 to 14 days prior to
ground disturbance
and/or construction
City of American
Canyon; CDFW;
Qualified Biologist;
USFWS
MM BIO-1f: Protection of Western Pond Turtles
A qualified Biologist (i.e., a Biologist with at least 2 years of experience conducting surveys for western pond turtle
detections) shall submit a wildlife exclusion fencing plan to Submittal of wildlife
exclusion fencing plan by
qualified Biologist to CDFW;
Qualified Biologist’s prePrior to construction City of American Canyon; CDFW;
Qualified Biologist;
USFWS
2973
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 11 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
the California Department of Fish and Wildlife (CDFW) for review and approval prior to starting construction. Exclusion fencing shall be installed along the western perimeter of the project site to prevent the species from traveling from North Slough onto the project site during construction. A qualified Biologist shall survey the project site and adjacent habitat within 72 hours of the start of project activities to determine whether western pond turtle or their nests are present and guide the installation of the exclusion fence. If western pond turtles are discovered, a qualified Biologist with experience handling and relocating the species shall move the species to the nearest suitable habitat outside of the project area and exclusion fencing. If western pond turtle nests are found, CDFW shall be notified prior to starting project activities, and the nest site plus a 50-foot buffer around the nest site shall be fenced with orange construction fence until eggs hatch and young turtles disperse to the adjacent North Slough. In addition, if nest(s) are located during surveys, moth balls (naphthalene) shall be sprinkled around the vicinity of the nest (no closer than 5 feet) to mask human scent and
discourage predators. Grading within the nest site’s 50-foot buffer area shall be delayed until the young leave the nest as determined by a qualified Biologist. If the CDFW allows translocation of any nestling pond turtles this shall be completed by a qualified Biologist under the direction of the CDFW.
construction surveys and
submittal of survey
documents
MM BIO-1g: Protection of Overwintering Monarch Butterfly Activities such as vegetation removal, grading, or initial ground-disturbing activities shall be conducted between November 1 and July 31 (outside of the overwintering
season) to the extent feasible. If such activities must be initiated during the overwintering season (August 1 through October 31), a pre-construction overwintering survey shall be conducted by a qualified Biologist no more than 7 days prior Qualified Biologist preconstruction overwintering
survey and submittal of
survey documents
7 days prior to
vegetation removal,
grading, or initial
ground disturbance if
occurring during
Overwintering
season (August 1
through October 31)
City of American
Canyon; CDFW;
Qualified Biologist;
USFWS
2974
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 12 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
to vegetation removal, grading, or initial ground disturbance.

The survey shall include the disturbance area and
surrounding 250 feet to identify the location and status of any colonies that could potentially be affected either directly or indirectly by project activities. If no colonies are present, then project activities can commence as scheduled. If a colony is present, project construction shall cease
immediately to avoid all direct and indirect impacts and report the presence of the colony to the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) and follow all recommendations provided by USFWS and CDFW.

3.4 Cultural-Tribal Cultural Resources
MM CUL-1a: All construction personnel directly involved with project-related ground disturbance shall attend a “tailgate” Worker Environmental Awareness Program (WEAP) training
for archaeological resources. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology.

Qualified Archaeologist’s
WEAP training
Prior to ground
disturbance or
construction
City of American
Canyon; Qualified
Archaeologist
MM CUL-1b: An Archaeological Monitor reporting to the
qualified Archaeologist, shall be present during the clearing, grading, and trenching phases of the proposed project to check for the inadvertent discovery of archaeological
resources or human remains. Over the course of the
proposed project, should the Archaeologist determine that the probability of inadvertent discovery is low, they may make a recommendation to the lead agency that monitoring Qualified Archaeologist’s
on-site monitoring
During clearing,
grading, and
trenching phases
City of American
Canyon; Qualified
Archaeologist
2975
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 13 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
be reduced to regular periodic or “spot-check” monitoring, or that monitoring may cease altogether
MM CUL-1c: If buried cultural resources are discovered
during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires
further study. The qualified Archaeologist shall make
recommendations to the lead agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Master Plan area should be recorded on appropriate California
Department of Parks and Recreation (DPR) forms and
evaluated for significance in terms of CEQA Guidelines.

If the resources are determined to be unique historic
resources as defined under Section 15064.5 of the CEQA
Guidelines, mitigation measures shall be identified by the monitor and recommended to the lead agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.

No further grading shall occur in the area of the discovery until the lead agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the lead agency where they would be Inclusion of discovery
clause in all construction
contracts.

Qualified Archaeologist’s
recommendations if any
cultural or historical
resources are discovered.

County notification if
historical or archaeological
materials are encountered.

Provision of Section
15064.5 permit(s) and copy
of DPR 523 forms; Qualified
Archaeologist’s submittal of
findings and documentation
Prior to grounddisturbing activities.

During grounddisturbing activities
prior to excavation.

During grounddisturbing activities.

During grounddisturbing activities
City of American
Canyon; Qualified
Archaeologist
2976
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 14 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
afforded long-term preservation to allow future scientific study.

MM CUL-3: In the event of the accidental discovery or
recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:

1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is
contacted to determine whether the remains are Native
American and if an investigation of the cause of death is required. If the Coroner determines the remains to be
Native American, the Coroner shall contact the Native
American Heritage Commission (NAHC) within 24 hours,
and the NAHC shall identify the person or persons it
believes to be the Most Likely Descendant (MLD) of the
deceased Native American. The MLD may make
recommendations to the landowner or the person
responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate
dignity, the human remains, and any associated grave
goods as provided in Public Resource Code Section
5097.98.

Notes on construction
plans; Site inspection;
Submittal of
documentation
During grounddisturbing activitiesCity of American
Canyon;
2977
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 15 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
• The NAHC is unable to identify an MLD or the MLD
failed to make a recommendation within 48 hours after
being notified by the commission.
• The descendant identified fails to make a
recommendation.
• The landowner or authorized representative rejects the recommendation of the descendant, and mediation by
the NAHC fails to provide measures acceptable to the
landowner.

3.6 Geology, Soils, and Seismicity
MM GEO-1: Prior to the issuance of the building permit, recommendations from the Geotechnical Engineering
Investigation prepared by Krazan & Associates [Draft EIR Appendix E] shall be incorporated into all project plans and applicable construction-related permits and submitted to the City of American Canyon for review and approval.

Incorporation into project
construction documents
Prior to Issuance of
building permit
City of American
Canyon
Implementation of MM HYD-1.
2978
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 16 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
MM GEO-5: Although extremely unlikely, should any
significant paleontological resources (e.g., bones, teeth, wellpreserved plant elements) be unearthed by the construction crew, their activities shall be diverted at least 15 feet from the find until a professional Paleontologist has assessed it and, if deemed significant, salvaged in a timely manner.

Collected fossils shall be deposited in an appropriate
repository, such as the University of California Museum of Paleontology (UCMP), where they shall be properly curated and made available for future research.

Qualified Paleontologist
documentation of discovery
and submittal of
documents.

Qualified Paleontologist’s
notification to appropriate
agencies
During construction
During construction
City of American
Canyon; Qualified
Paleontologist

3.9 Hydrology and Water Quality
MM HYD-1: Prior to the issuance of grading permits or
building permits (whichever occurs first), the project
applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and
Land Disturbance Activities (General Permit) (Order WQ
2022-0057-DWQ, NPDES No. CAS000002) by preparing a
Storm Water Pollution Prevention Plan (SWPPP) and
submitting it, along with a Notice of Intent (NOI), to the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB). The City of American Canyon shall confirm that the applicant has prepared a SWPPP and
obtained coverage under the General Permit prior to
issuance of grading or building permits. The SWPPP shall identify a practical sequence for Best Management Practice (BMP) implementation and maintenance, site restoration, contingency measures, responsible parties, and agency
contacts. The SWPPP shall address both the project site and adjacent parcel where soil stockpiles would be removed and the borrow pit would be created to provide fill for the project site. The SWPPP shall include but not be limited to the following elements:

Submittal of SWPPP and
Notice of Intent (NOI) to
the San Francisco Bay
Regional Water Quality
Control Board (San
Francisco Bay RWQCB).

Submittal of documents to
the City of American
Canyon.

Incorporation of SWPPP
into construction
documents.

Disturbed areas shall be covered with soil stabilizers, mulch, fiber rolls, or temporary vegetation.
• Sediment shall be retained on-site by a system of sediment basins, traps, or other appropriate measures. Drop inlets shall be lined with filter fabric/geotextile.
• Discharge from the stormwater system shall be diffused in such a way as to mimic existing overland flow conditions. • The construction contractor shall prepare Standard
Operating Procedures for the handling of hazardous
materials on the construction site to eliminate or reduce discharge of materials to storm drains. This may include locating construction-related equipment and processes
that contain or generate pollutants in a secure way, away from storm drains, gutters, and wetlands; parking, fueling, and cleaning all vehicles and equipment in the secure area; designating concrete washout areas; and preventing or
containing potential leakage or spilling from sanitary
facilities.
• BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water
sampling in cases where verification of contaminant
reduction or elimination (such as inadvertent petroleum release) is required by the RWQCB to determine adequacy of the measure.
• In the event of significant construction delays or delays in final landscape installation, native grasses or other
appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance as 2980
City of American Canyon
SDG Commerce 220 Distribution Center Project Mitigation Monitoring and Reporting Program FirstCarbon Solutions 18 https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/5639/56390001/MMRP/56390001 SDG Commerce 220 Distribution Center Project MMRP.docx Mitigation Measures Method of Verification Timing of Verification Responsible for
Verification
Verification of Completion
Date Initial
an interim erosion control measure throughout the wet
season.

Prior to issuance of grading permits for the proposed project, the applicant shall submit to the City of American Canyon for review and approval a SWPPP in accordance with the
requirements of the Statewide General Permit. The SWPPP shall be implemented during construction.

3.13 Transportation
MM TRANS-2: Transportation Demand Management
Program
The proposed project shall develop a Transportation Demand Management (TDM) program to encourage employees to
choose non-personal vehicle modes of transportation for commuting. This includes a commute trip reduction
marketing initiative, through which the employer would
disseminate information about available transportation
options. Strategies would include encouraging ride sharing among project employees and linking them to resources to find rideshare partners working nearby, such as through the Napa Valley Transportation Authority (NVTA) V-Commute
program or the regional 511.org program. Marketing
materials can also inform employees of resources such as the Guaranteed Ride Home Program, which provides free rides home in emergency situations for employees using nonpersonal vehicle transportation modes.

Submittal of Transportation
Demand Management
(TDM) program
Prior to occupancy City of American
Canyon
2981
RESOLUTION NO. 2024-XX
A RESOLUTION APPROVING THE SDG COMMERCE 220 DISTRIBUTION CENTER CONDITIONAL USE PERMIT FOR DEVELOPMENT OF A 219,834 SQUARE FOOT WINE WAREHOUSE ON A 10.17 ACRE SITE LOCATED AT 1055 COMMERCE COURT, APN 058-030-069 (FILE NUMBER PL23-0017) WHEREAS, on August 3, 2023, SDG Commerce 220, LLC (Applicant) submitted a Conditional Use Permit (CUP) for development of a 220,000 square feet wine distribution warehouse at 1055 Commerce Ct; and WHEREAS, the project site is in the Recreation (REC) Zoning District and a winery is a permitted use with a CUP; and
WHEREAS, the project will include 23 truck doors and approximately 4,400 square feet of office space; and
WHEREAS, on October 24, 2024, the Planning Commission recommended the City Council certify that the Final Environmental Impact Report (EIR) (SCH# 2021010104) has been completed in compliance with the California Environmental Quality Act (CEQA) and as adequately reflects the City’s independent judgement and analysis regarding the potential environmental impacts associated with the SDG Commerce 220 Distribution Center Project, and adopt CEQA Findings of Fact, a Statement of Overriding Considerations, for the Project, and adopt a the Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the SDG Commerce 220 Distribution Center Final EIR specifically evaluated the Conditional Use Permit at a Project level and the Planning Commission reviewed and considered the information contained in the Final EIR prior to making recommendations concerning the approval of the proposed project; and
WHEREAS, the City of American Canyon Planning Commission conducted a public hearing on October 24, 2024 on the subject application, and a majority recommended City Council approval; and WHEREAS, on November 19, 2024, the City Council conducted a duly-noticed public hearing to evaluate the SDG Commerce 220 Distribution Center Conditional Use Permit and heard all public speakers and considered all written materials including the staff report and oral testimony given at the meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council makes all the required findings to approve the SDG Commerce 220 Distribution Center Conditional Use Permit, as follows:

SECTION 1: Conditional Use Permit Findings
According to ACMC Section 19.42.020(D), the planning commission may approve or conditionally approve an application for a conditional use permit or minor use permit if it makes all of the following findings:

A. The proposed use is consistent with the policies and programs of the general plan and any applicable master or specific plan.

The site is proposed as a wine distribution warehouse, and wineries are a permitted use in the REC zone through a Conditional Use Permit. The use is consistent with the General Plan and Municipal Code. 2982
B. The proposed use is consistent with the purpose(s) and standards of the applicable zoning district(s).

A wine warehouse is a permitted use in the Commercial Recreation zoning district with issuance of a conditional use permit. The project complies with height, bulk, setback and all applicable design standards as shown in the table below.

Required Provided Compliance
Min. Size 10 acres 10.17 acres Yes
Site Coverage 50% 49.6% Yes
Building Height 35 ft 35 ft Yes
Front Setback (from local streets) 15 ft 71 ft Yes
Side setback 35 ft 63 ft Yes
Rear setback 35 ft 156 ft Yes
C. The proposed use complies with applicable policies of the Napa County Airport land use compatibility plan.

The project is consistent with Zones D of the Napa County Airport Land Use Compatibility Plan.

Warehouses are acceptable with recordation of an Avigation and Hazard Easement Deed. The propertyowner completed the recordation for the 3 parcels of 1075, 1055, and 1005 Commerce Ct on July 26, 2019.

D. The project site is physically suitable for the type and intensity of land use being proposed.

The site is flat with few physical constraints. Similar to its neighbors in the north and south, the site is physically suitable for a warehouse.

E. The proposed use will not be a nuisance or materially detrimental to the general health, safety, and welfare of the public or to property and residents in the vicinity.

The wine warehouse will not be a nuisance to detrimental to property and residents in the vicinity. The site does not emit any lights, odors, or noises beyond normal levels of a warehouse. No residential parcels are near the site.

F. The site for the proposed use has adequate access, and meets parking and circulation standards and criteria.

The wine warehouse use has adequate access and meets all parking and circulation standards. 2983
G. There are adequate provisions for water and sanitary services, and other public utilities to ensure that the proposed use would not be detrimental to public health and safety.

Water, sewer, recycled water, and utilities will be extended to the wine warehouse.

SECTION 2: Conditions of Approval
SECTION 2. CONDITIONS OF APPROVAL

1. The Conditional Use Permit approval is granted for a new 35-foot tall, single-story 219,834-square foot Wine Warehouse on a 10.17-acre site with parking, truck and trailer loading spaces, drive aisles, landscaping, and stormwater detention features at 1055 Commerce Circle, APN 058-030-069 (file no.

PL23-0017), which shall be substantially as shown on file in the Community Development Department, except as modified by conditions contained in this approval. Exhibit A includes the following:
a. Architectural Plans prepared by Ward Architects, consisting of 9 sheets showing the proposed site plans, building elevations, and roof plans, submitted on 10-6-2023. b. Civil plans prepared by RSA+, consisting of 12 sheets showing the preliminary grading, utilities, and site layout plans submitted on 10-6-2023.
c. Landscaping Plans prepared by Ward Architects, consisting of 3 sheets showing the proposed landscaping plans, submitted on 10-6-2023.

2. The applicant shall defend, indemnify, and hold harmless the City of American Canyon ("City"), its elected and appointed officials, officers, employees, attorneys, representatives, boards, commissions, consultants, volunteers and agents from and against all claims, actions, including actions to arbitrate or mediate, damages, losses, judgments, liabilities, expenses and other costs, or proceedings against the City, its elected and appointed officials, officers, employees, attorneys, representatives, boards, commissions, volunteers, or agents to attack, modify, set aside, void, or annul an approval, conditional approval, permit, entitlement, environmental document, environmental clearance, mitigation plan, or any other document or any of the proceedings, acts, or determinations taken, done, or made prior to granting of such approval, conditional approval, permit, entitlement, environmental clearance, environmental document, mitigation plan, or other documents, by the City, including, without limitation, an action against an advisory agency, appeal board, or legislative body within the applicable limitation period.

The obligation to defend, indemnify and hold the City harmless shall include the payment of all legal costs and attorney’s fees (including a third party award of attorney’s fees), arising out of, resulting from, or in connection with the City’s act or acts leading up to and including approval of any environmental document or mitigation plan granting approvals to the applicant, incurred on behalf of, or by, the City, its elected and appointed officials, officers, employees, representatives, attorneys, boards, commissions, volunteers and agents in connection with the defense of any claim, action, or proceeding challenging the entire or a portion of an approval, conditional approval, permit, entitlement or any other document of any related claim.

The obligation to defend, indemnify, and hold the City harmless shall include, but not be limited to, the cost of preparation of any administrative record by the City, staff time, copying costs, court costs, or attorney’s fees arising out of a suit or challenge contesting the adequacy of a permit, approval, 2984
conditional approval, entitlement, environmental document, mitigation plan, environmental clearance, or any other document or approval related to the applicant’s project.

The City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action, or proceeding, or the City fails to cooperate fully in the defense, the applicant shall not be responsible to defend, indemnify, or hold harmless the City.

In the event a legal challenge to a City permit, approval, conditional approval, environmental document, environmental clearance, mitigation plan, entitlement or any other document, proceeding, determination, or action related to the applicant’s project is successful, and an award of attorneys’ fees is granted against the City, the applicant shall be responsible to timely pay the full amount of such an award.

3. Appeal. The approval shall become effective on the expiration of the appeal period, ten calendar days following the decision, unless an appeal to the City Council is filed. An appeal may be filed with the Community Development Director by filling out an Appeal Form accompanied by a fee of $795.

This approval is also subject to return of the “Applicant Confirmation of Conditions of Approval” form signed by the property owner. Should an appeal period end on a Saturday, Sunday or holiday, the final day for filing an appeal shall be the following Monday, or the next business day following a holiday. If there is no appeal, this approval will be final on November 4, 2024.

4. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application.

5. The date upon which the approval is final shall be considered the day of the imposition of the fees, dedications, reservations and exactions required by these conditions approval for the purposes of protesting the imposition pursuant to California Government Code Section 66020.

6. Expiration of this Approval. If no construction permits have been issued and construction commenced within one year of the date upon which this approval is final, the approval shall become null and void and of no effect. An extension of time may be granted by the Community Development Director upon the written request by a responsible party before the expiration of the one-year period, provided that the Director can make the findings that there have been no substantial changes in the approved plans, and that there has been no change of circumstances which would prevent any of the required findings of approval being made.

7. All plans submitted for review and approval and all development shall be in substantial conformance with the approved exhibits, except where modified by a condition of approval. The Community Development Director or designee may approve minor changes to the project as approved by the Planning Commission on the plans submitted for the construction permits with a determination that the changes are in substantial compliance with the representation of the project as reviewed by the Planning Commission and City Council, that the proposed change will be in compliance with the required development standards, and the change will not materially affect adjacent private or public property.

8. Prior to obtaining a building permit, all parties working on the project must obtain a business license from the City.
2985

9. Prior to issuance of each building permit, the applicant shall submit a Certificate of Compliance from the Napa Valley Unified School District (NVUSD). For more information contact NVUSD Developer Fees - [email protected].

10. The Applicant is responsible to remove any graffiti that occurs on the site within 24 hours.

Planning

11. The conditions of this Permit shall be printed on the first sheet of each plan set submitted for a building permit pursuant to this Conditional Use Permit, under the title “Conditional Use Permit Conditions”. The second sheet may also be used if the first sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.

12. All new rooftop equipment is required to be screened. The parapet shall be opaque and equal in height to the top of the rooftop mechanical equipment.

13. Plans submitted for building permits shall include all exterior site lighting including building mounted lighting, lighting within the parking areas and along walkways that provide a minimum of 1-foot candle illumination of these areas. Lighting shall be shielded as appropriate and avoid light spillage or glare from the project site. Exterior light fixtures on buildings shall be oriented downward and shall be shielded to return potential light and glare impacts.

Landscape and Irrigation Plans

14. The applicant shall agree to a licensing agreement that requires them to maintain the landscaping within the right‐of‐way along the project frontage. Prior to final inspection of the building permit, the applicant shall amend their facilities operation and maintenance plan (O&M plan) to include this activity.

15. The landscape plan shall comply with the requirements of the California Government Code 65591 et. seq. known as the Water Conservation in Landscaping Act as set out in the model water efficient landscape ordinance adopted by the California Department of Water Resources and amended in 2015. All plant material shall be served by a city-approved automatic irrigation system.

16. All trees shall be 15 gallons in size or larger.

17. Prior to the issuance of a certificate of occupancy, all landscaping shall be completed and the project’s landscape architect shall provide a written certification that all plant materials have been installed in accordance with the approved landscape plan.

18. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering.

Whenever necessary, planting shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials.

19. All tree stakes and ties shall be removed within one year following installation or as soon as trees are able to stand erect without support.
2986

20. Clear sight triangles shall be maintained at all driveways. Low-lying plantings and other site fixtures, including signs, shall be no taller than 30 inches within the site’s vision triangles.

Signs

21. Signs for the project shall require a sign permit approval from the Community Development Department. This requirement does not apply to traffic signs, building addressing or directional signs for wayfinding.

Building and Safety

22. Prior to the final inspection, the applicant shall submit a letter of certification to the Building Official from the project architect, civil engineer, and landscape architect certifying that all improvements have been constructed in accordance with the approved building plans.

23. Construction and grading activities on the site shall be limited to between 7:00 a.m. and 6:00 p.m.

Monday through Friday. Work between the hours of 6:00 pm and 7:00 am and work on weekends and holidays requires prior written approval from the Building Official. If weekends and holiday work is approved construction and grading activities on the site shall be limited to between 8:00 a.m. to 6:00 p.m. on Saturdays, and between 10:00 a.m. and 6:00 p.m. on Sundays and State and Federal holidays.
a. Construction activities shall be limited to daylight hours between 7:00 a.m. and 6:00 p.m., except for required nighttime construction for concrete pours onsite that would comply with the City of American Canyon’s Noise limits for construction activities. In addition to the Chief Building Official’s approval, all property owners within 300 feet of the site and all residents who have expressed concern over nighttime construction noise during the construction of the SDG Commerce 330 project and the SDG Commerce 217 project, or otherwise have requested notification regarding project construction, also shall be notified by the applicant. The City shall be pre-notified of nighttime construction.

24. Prior to issuance of a building permit, the applicant shall submit a plan for the diversion of at least 70 percent of the debris from the building demolition and construction. The plan shall include the qualified recycler that will be used, the methods of managing diversion of construction materials on site, and the proposed documentation that will be submitted to confirm that the diversion goal has been met.

25. Prior to issuance of a building permit, the applicant shall submit a request to the Chief Building Official for any proposed deferred submittals on a form provided by the Building and Safety Division.

The Deferred Submittal request shall include a justification for each proposed deferred submittal.

The Chief Building Official shall issue a determination on each proposed deferred submittal request.

26. Prior to the final inspection, a Certified Access Specialist (CASp) shall submit a letter certifying that all improvements have been constructed in compliance with applicable state and federal accessibility standards. Determination of consistency shall be subject to the review and approval of the Building Official.

Fire District

27. New and modified buildings shall conform to requirements set forth in the currently adopted editions of the California Building Code, California Fire Code, as amended by the City of American Canyon and American Canyon Fire Protection District, and Nationally Recognized Standards. 2987

28. There shall be no deferred submittals for fire protection equipment and related utilities. Fire protection plans shall not be attached to or bound with the building plan submittal package. This includes but is not limited to Automatic Fire Sprinkler, Fire Alarm, Fixed Fire Protection and Civil plans.

29. All Fire related underground piping and fire appurtenances shall be shown on the Civil plan submittal.

In addition to the Civil plan submittal, at least (1) plan set under separate cover shall be submitted to American Canyon Building Division for routing to the American Canyon Fire Protection District detailing all underground piping and related fire appurtenances including but not limited to underground piping, underground sweep detail, underground trench details showing depth of burial, type of backfill, manufacturer’s specifications of piping, valves joints, fittings and calculated size and locations of thrust blocks, hydrants locations (designate public or private), gate shut-off valves, PIV’s, FDC’s, fire pumps, fire pump and/or riser rooms.

30. Underground utility contractor, architect and fire sprinkler contractor shall coordinate the location of risers and control valves prior to the issuance of a building permit.

31. Fire Department plan review shall be based on the information submitted at the time of permit application. Any changes to the approved/permitted scope of work including additions, alterations, demolition, repair or a change in occupancy/use may impact the project requirements, including but not limited to the installation of additional fire protection systems or components.

32. An approved water supply capable of supplying the required fire flow for fire protection systems shall be provided to all premises upon which facilities or buildings are hereby constructed or moved into or within the City. Required fire flow and hydrant distribution shall be in accordance with Appendix B and C of the California Fire Code. Applicant shall demonstrate on plan submittal; square footage of each building on plan and provide the required fire flow information. Applicant shall demonstrate that the number and spacing of onsite fire hydrants meets the California Fire Code.

BUILDING FIRE FLOW REQUIREMENTS – CFC TABLES B105.2 & B105.1(2)

INFORMATION BELOW IS A SAMPLE AND FOR REFERENCE ONLY
Table B105.1(2) – Building size = 129, 600 square feet
Construction type = Type IIA
FF = 5,250 gpm at 20 psi
Duration = 4 hours
Table B105.2 – Fire sprinkler allowance = - 50%
5,250 – 2,625 = 2,625 gpm
FF = 2,625 gpm @ 20 psi
Duration = 2 hours
Table CC105.1 – Approximate number of hydrants = 3
Average spacing = 400 feet + 25% allowable increase = 500 Maximum distance from street or frontage = 225 feet = 50% allowable increase = 337.5
2988

33. Fire Protection systems shall be installed in accordance with provisions set forth in the California Fire Code as amended by the City of American Canyon and the applicable National Fire Protection Association Standard.

34. The fire protection equipment shall be located within an interior room having an approved exterior access door or in an exterior enclosure attached to the building, specifically, for the purpose of housing such equipment.

35. Fire Apparatus Access Roads shall be designed in accordance with provisions set forth in the California Fire Code Chapter 5 and Appendix D as amended by the City of American Canyon and the applicable Public Works Standard.

36. Fire apparatus access roads shall have an unobstructed minimum width of 20 feet (curb to curb) and a minimum unobstructed vertical clearance of 13’ 6”. They shall have an all-weather paved surface capable of supporting a GVW of 71,000 pounds. Where hydrants are provided – the width shall be a minimum of 26-feet.

37. Access roads shall be completed with all-weather surfaces prior to the stockpiling of combustible materials or beginning combustible construction. Fire apparatus access shall be provided to within 150 feet of the most remote portions of all building from an approved exterior route. If this cannot be achieved fire apparatus turnarounds will be needed.

38. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles.

Vertical traffic calming in the form of speed pumps, humps or dips are prohibited along fire access roads without prior approval of the fire Code Official. The minimum width and clearances established in Section 503.2.1 shall be maintained at all times.

39. When required by the Fire Chief, fire apparatus access roads shall be designated as Fire Lanes and appropriate signs and/or markings installed in accordance with the California Vehicle Code and approved City standards.

40. Where applicable improvement plan submittals for permit shall include locations of fire lane red curbing and fire lane signage. Please refer to and include City Public Works Standard FP-2A & 2B with plan submittals for permitting.

41. The City of American Canyon requires that a fire hydrant be in service within 250 feet of the furthest point of construction prior to the stockpiling of combustible materials for the beginning of construction.

42. Fire Department Connections (FDC) shall be located not more than 100 ft. from the nearest fire hydrant.

Public Works
General Conditions of Approval

43. The Applicant shall be responsible for all City map check, plan check and inspection costs. The Applicant shall establish a Developer Deposit Account with the City upon the initiation of plan check services. The amount of the initial deposit shall be determined by the City Engineer. Additional funds may be required based upon actual costs.
2989

44. All improvements shall be designed in accordance with the American Canyon Municipal Code (ACMC), City of American Canyon Engineering Standard Plans and Specifications for Public Improvements (City Standards), except as specifically noted otherwise in these conditions.

45. All existing overhead utilities, both on-site and along project frontages, and all new utilities to serve the project, shall be placed underground. Exceptions may be allowed for surface mounted transformers, pedestal mounted terminal boxes and meter cabinets.

46. Unless otherwise explicitly permitted, all existing wells, septic tanks and/or underground fuel storage tanks shall be abandoned under permit and inspection of Napa County Department of Environmental Services or other designated agency. If there are none, the project engineer shall provide a letter describing the scope of the search done to make this determination.

47. A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for review. The report shall address, at a minimum, potential for liquefaction, R-values, expansive soils and seismic risk. The improvement plans shall incorporate all design and construction criteria recommended in the Geotechnical Report.

48. A drainage report prepared by a California Registered Civil Engineer shall be submitted for review with the initial submittal of the Improvement Plans. The report shall include detailed hydrologic and hydraulic calculations to support the design and sizing of all public and private drainage facilities including storm drains and detention facilities. The report shall address existing downstream storm drain facilities and hydraulic conditions which may impact the design of proposed facilities and improvements.

49. A detailed post-construction Stormwater Control Plan (SWCP) that identifies and sizes all permanent post-construction stormwater treatment BMPs shall be prepared and submitted for review and approval. The SWCP shall be prepared in accordance with the latest edition of the Bay Area Stormwater Management Agencies Association (BASMAA) Post-Construction Manual and the requirements of the State Water Resources Control Board Phase II Municipal Separate Storm Water System (MS4) General Permit (Order 2013-0001 DWQ).

50. A Post Construction Stormwater Operations and Maintenance Plan that includes a plan sheet showing all storm drain and water quality infrastructure that is to be maintained, along with detailed instructions and schedules for the ongoing maintenance and operation of all post-construction stormwater BMPs shall be submitted for review and approval by the City Engineer. Once approved, the property owner(s) shall enter into an agreement with the City that provides the terms, conditions, and security associated with the ongoing requirements of the post-construction Stormwater Best Management Practices.

51. The Applicant shall secure all necessary rights-of-way and public and private easements for both onsite and offsite improvements. The Applicant shall prepare all necessary legal descriptions and deeds.

52. To the extent any offsite public improvements require the acquisition of property not currently owned by the Applicant or the City, the Applicant shall first make a good-faith effort to acquire the necessary property rights, however if the Applicant makes such an effort and is unable to acquire such rights, then the Applicant may request the City acquire the necessary property rights through the exercise of eminent domain provided that the Applicant enters first into an agreement with the City to pay for all costs incurred by the City to acquire such rights and if the City does not acquire the rights necessary to allow the offsite public improvements to be completed by the Applicant within statutory timeline provided by law, then the Applicant shall be relieved of the obligation to construct 2990
those off-site improvements only to the extent they require property not currently owned by the Applicant or the City. The Applicant shall make a good-faith effort to identify and acquire the necessary property rights at the earliest opportunity.

53. The Applicant shall submit site Improvement Plans, prepared by a registered Civil Engineer, for review and approval by the City. The final plan set shall include all civil, landscape and joint trench drawings under a single cover sheet. No final grading or other construction shall be performed until the Improvement Plans have been approved. The Applicant shall not begin clearing, grubbing, or rough grading at the site prior to approval of the Improvement Plans, unless explicitly approved by the City of American Canyon through the standard grading and utilities only permit process. An Encroachment Permit is required for any work within City right of way. Encroachment Permits will not be issued prior to the approval of the Improvement Plans.

54. All public water service laterals or services (domestic, recycled and fire water) shall include approved backflow prevention devices.

55. Cathodic protection shall be provided for all water valves, fittings, hydrants, meters, backflow devices, ductile iron pipe, and other metal appurtenances, regardless of the findings of any soils corrosivity analysis.

56. The Applicant shall keep adjoining public and private streets free and clean of project dirt, mud, materials, and debris during the construction period in accordance with an approved SWPPP and Erosion and Sediment Control Plan using appropriate BMPs and as is found necessary by the City Engineer.

57. If any hazardous material is encountered during the construction of this project, all work shall be immediately stopped and the Fire Department, Napa County Department of Environmental Services or other designated agency, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.

58. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines, shall be installed in a manner that will not disturb the street pavement, curb, gutter and sidewalk, when future service connections or extensions are made.

59. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. Additionally, if field conditions warrant installation of any subdrains, the location, size and construction details must be provided to the City for review and approval prior to construction.

60. All new fire hydrants shall be covered with burlap sacks until the hydrants have been tested and found to be in conformance with City flow requirements. No storage of combustible materials or construction of building shall be permitted until all hydrants meet City flow requirements.

61. Prior to placing the final lift of asphalt, all public storm drain and sanitary sewer lines shall be video inspected at the Applicant's expense. All video media (CD, DVD, or portable hard drive) shall be submitted to the City. If any inadequacies are found, they shall be repaired prior to the placement of the final lift of asphalt.
2991

62. All streets, curbs, gutters, sidewalks or other public facilities damaged in the course of construction associated with this Project shall be the responsibility of the Applicant and shall be repaired to the satisfaction of the City at the Applicant's expense.

63. After all of the new underground utilities within existing public streets have been installed, the entire affected areas shall be milled and repaved to present a neat finished pavement area. Multiple trench patches are not acceptable.

64. All construction stormwater pollution prevention best management practices (BMP's) shall be installed as the first order of work and in accordance with the State Water Resources Control Board's General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2022-0057-DWQ, as amended), the Applicant's Storm Water Pollution Prevention Plan (SWPPP), and the City’s Erosion and Sediment Control Plan in accordance with the City’s MS4 Permit. All stormwater BMP's shall be maintained to the satisfaction of the Qualified SWPPP Developer (QSD), Qualified SWPPP Practitioner (QSP), and the City Engineer.

65. With the exception of water used for loading and testing of potable water lines, all construction water used for the project shall be obtained from a source other than American Canyon potable water sources. The Applicant shall provide verification that an outside source of construction water, e.g., recycled water, has been established and will be available for the duration of the project construction.

66. The development shall comply with the City’s Zero Water Footprint policy.

67. All landscaping shall be designed to use recycled water for irrigation. Recycled water landscaping shall be designed to comply with California Code of Regulations Title 22 and shall include design details to prevent runoff of recycled water. The irrigation system shall include an ET/SMART controller.

Public Works Special Conditions of Approval

68. The Applicant shall submit Improvement Plans prepared by a registered Civil Engineer (Engineer of Record) in substantial conformance with the preliminary civil plans titled “SDG Commerce 220 Distribution Center Conditional Use Permit Plans, prepared by RSA+, July 21, 2023 (Preliminary Plans), except as modified by these conditions.

69. Improvement Plans shall be tied to the State of California coordinate system.

70. The Applicant shall construct all of the on-site private water, recycled water, sewer storm drainage and storm quality “Private Improvements” generally shown on the Plans and more specifically described below. All private water, sewer, storm drainage and stormwater quality improvements shall be designed in accordance with the City of American Canyon Engineering Standard Plans and Specifications for Public Improvements (City Standards), except as specifically noted otherwise in these conditions.
a. Storm Drain Facilities:

Construct private on-site drainage facilities, detention facilities, and other appurtenances to collect and convey all surface drainage to an approved private storm drain facility or outfall.

Onsite drainage facilities shall provide for the positive drainage of all adjacent upstream or upgrade properties to prevent ponding. Existing run-on from adjacent properties shall not be obstructed and shall be conveyed onsite. Off-site peak storm water discharge shall not exceed 90% of the undeveloped peak flow from the 24-hour, 100-year event. The storm drains and 2992
detention facilities shall be substantially consistent with the Preliminary Plans. However, the sizing of all storm drains and detention facilities shall be determined by the approved final drainage report.

The private storm drain system shall disperse the discharge in such a manner as to simulate the existing sheet flow conveyance. Calculations shall be provided for all spreaders to determine peak discharge velocities and depths for the 10-, 25- and 100-year events. b. Stormwater Quality Facilities:

Permanent on-site private post-construction stormwater treatment BMPs shall be designed and constructed in accordance with the approved final SWCP. It is understood that minor revisions to the layout of the bio-retention facilities from what is shown on the Plans may be proposed during design and included in the final SWCP.
c. Recycled Water Services:

Separate recycled water services shall be provided for domestic non-potable uses and irrigation uses.

71. Prior to SUBMITTAL OF THE IMPROVEMENT PLANS, the Applicant shall:
b. Submit the City's "Improvement Plan Checklist".
c. Pay an initial cash deposit for City plan check services in amount to be determined by the City prior to the time of submittal. The Project engineer shall contact City staff to discuss submittal details to determine initial deposit amount.
d. Provide the following:
(1) Public Street Repair Plan
(2) Utility Plan and Joint Trench Plan
(3) Construction Storm Water Pollution Prevention Plan (SWPPP) and a City Erosion and Sediment Control Plan (ESCP)
(4) Drainage Report
(5) Post-Construction Stormwater Control Plan (SWCP)
(6) Geotechnical Report
(7) Construction Traffic Control Plan.
e. Pothole and physically determine (by way of a survey performed by the Engineer of record) the actual horizontal location and vertical depth of all existing underground utilities throughout the proposed area of work and provide the design of all new utility installations required to serve the project including a schedule for implementation of such work as to prevent disrupting of utility service to adjacent properties.

72. Prior to APPROVAL OF THE IMPROVEMENT PLANS, the Applicant shall:
a. Provide written acknowledgment by the Geotechnical Engineer of Record that the Plans incorporate all design and construction criteria specified in the Geotechnical Report. b. Subject to the terms of Condition 51, furnish proof of the acquisition of all rights of entry and/or temporary and permanent easements necessary to construct the project and the location of all such rights on the Plans.
c. Furnish proof that all permits that may be required by the California Department of Fish & Game, State and Regional Water Quality Control Board, US Army Corps of Engineers and any other regulatory agencies with jurisdiction over the proposed construction have been obtained. 2993
d. Complete and submit the City’s Erosion and Sediment Control Plan (ESCP) Template. Applicant may refer to a SWPPP, as appropriate, by referencing page number within the SWPPP that addresses the requirements of the ESCP.
e. Submit a copy of the Notice of Intent and WDID# for coverage under the State Water Resources Control Board' General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2022-0057-DWQ).

73. Prior to COMMENCEMENT OF CONSTRUCTION ACTIVITIES, the Applicant shall:
a. Pay off all current account balances with the City of American Canyon. b. Pay an inspection fee in amount to be determined at the time of commencement for the City's inspection of the Public Improvements.
c. Conduct a pre-construction meeting with representatives of the City whereby the Applicant, the Legally Responsible Party (LRP), Qualified SWPPP Practitioner (QSP), Qualified SWPPP Developer (QSD), and/or the Contractor provides the following:
(1) One (1) job-site copy of the latest edition of the City Standards for the Contractor use. (2) One (1) job-site copy of the SWPPP for use by the LRP, QSP, QSD, and Contractor. (3) Electronic copies of Improvement Plans and SWPPP

74. Prior to APPROVAL OF A BUILDING PERMIT, the Applicant shall:
a. Pay all account balances and current City and American Canyon Fire District fees (Mitigation & Capacity) based on the rates in effect at the time of permit issuance. These fees include, but may not be limited to the following: Traffic Mitigation, General Plan Update, Civic Facilities, Fire District, Water Capacity, Zero Water Footprint Mitigation and Wastewater Capacity.

75. Prior to APPROVAL OF CERTIFICATE OF OCCUPANCY, the Applicant shall:
a. Restore all adjacent off-site road surfaces to pre-project conditions. b. Submit a certification by the Geotechnical Engineer of Record that all the work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report.
c. Provide a digital copy of the Improvement Plans that include all as-built or field changes, in digital Portable Document Format (.pdf) and AutoCAD (.dwg), compatible with the City's current Autocad version, and tied to the NAD83 (California Zone 2, feet) coordinate system. d. Provide a letter stating that all of the Developer’s Conditions of Approval have been met. e. Provide a letter from the Civil Engineer of Record certifying that all the site improvements were constructed and inspected in substantial conformance with the approved plans and City Standards.
f. Enter into and record a post-construction Stormwater Operations and Maintenance Agreement with the City.
g. Subject to the terms of Condition 14, enter into and record a post-construction Landscape Operations and Maintenance Agreement with the City for the landscaping within the public rightof-way along the project frontage. h. Record a private access easement over the adjacent lands of SDG 217 and SDG 330. Applicant shall prepare legal description, plat and deed and submit them to the City for review. i. Establish a shared maintenance agreement or such similar agreement between the owners of SDG 217, SDG 220, and SDG 330, for the long term and ongoing maintenance of the shared access driveway. Submit the draft agreement to the City for review. 2994
Mitigation Measures

76. According to Mitigation Measure (MM) AIR-1, the following dust control measures, as recommended by the Bay Area Air Quality Management District (BAAQMD), shall be included in the design of the proposed project and implemented during construction:
a. All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least two times per day and/or non-toxic soil stabilizers shall be applied to exposed nonpaved surfaces.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard.
c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes, as required by the California airborne toxics control measure (ACTM) Title 13, Section 2485 of California Code of Regulations. Clear signage regarding idling restrictions shall be provided for construction workers at all access points. f. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. all equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. g. The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The construction contractor shall take corrective action within 48 hours. The BAAQMD’s and the City’s phone numbers shall also be visible to ensure compliance with applicable regulations.

77. According to MM BIO-1a, prior to ground disturbance that occurs during the nesting season for Swainson’s hawk (generally March 20 to July 20), a qualified Biologist shall conduct Swainson’s hawk nesting surveys within a 0.5-mile radius of the project site to determine whether nests are occupied.

Occupancy shall be determined through observation of all accessible areas, including from public roads or other publicly accessible observation areas of Swainson’s hawk activity (e.g., foraging) on and near the project site.

The qualified Biologist shall follow the survey protocol outlined in the California Department of Fish and Wildlife (CDFW) Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, which recommends surveys according to the following survey periods:
a. January–March 20: Conduct one survey total.
b. March 20–April 5: Conduct three surveys total. Surveys shall be conducted between sunrise to 10:00 a.m. and/or 4:00 p.m. to sunset.
c. April 5–April 20: Conduct three surveys total. Surveys shall be conducted between sunrise to 12:00 p.m. and/or 4:30 p.m. to sunset.
d. April 21–June 10: Initiating surveys are not recommended. Monitoring of known nest sites only. e. June 10–July 30: (post-fledging) Conduct three surveys total. Surveysshall be conducted between sunrise to 12:00 p.m. and/or 4:00 p.m. to sunset.

Pre-construction surveys shall be completed for at least the two survey periods immediately prior to a project’s initiation.
2995

78. According to MM BIO-1b, following the implementation of MM BIO-1a, if nests are located and determined to be occupied, minimization measures must be implemented, and construction monitoring conducted as follows:
a. Construction activities shall be prohibited within 600 feet of an active and occupied Swainson’s hawk nest, or within 600 feet of nests under construction, to prevent nest abandonment. b. Notwithstanding the foregoing, if site-specific conditions or the nature of the construction activity (e.g., other nearby development, limited activities) indicate that a smaller buffer, or no buffer at all, could be used, the project applicant may seek approval from the qualified Biologist who in coordination with the California Department of Fish and Wildlife (CDFW) shall determine the appropriate buffer size, which, once approved, shall govern. c. No tree containing an active Swainson’s hawk nest shall be removed.

79. According to MM BIO-1c, a qualified Biologist shall conduct a habitat assessment for wintering burrowing owl, and surveys if habitat is present. The qualified Biologist shall follow the California Department of Fish and Wildlife (CDFW) 2012 Staff Report on Burrowing Owl Mitigation habitat assessment and survey methodology prior to project activities occurring during the burrowing owl wintering season from September 1 to January 31. The habitat assessment and surveys shall encompass a sufficient buffer zone to detect owls nearby that may be impacted, which shall be a minimum of 1,640 feet unless otherwise approved in writing by the CDFW. Surveys shall include four nonbreeding season surveys spread evenly throughout the nonbreeding season pursuant to the CDFW 2012 Staff Report. Time lapses between surveys or project activities shall trigger subsequent surveys, as determined by a qualified Biologist, including but not limited to a final survey within 24 hours prior to ground disturbance and before construction equipment mobilizes to the project area.

The qualified Biologist shall have a minimum of 2 years of experience implementing the CDFW 2012 Staff Report survey methodology resulting in detections.

Habitat compensation acreages shall be approved by CDFW, as the amount depends on site-specific conditions and must be completed before project construction unless otherwise approved in writing by CDFW. Habitat compensation shall also include placement of a conservation easement and preparation and implementation of a long-term management plan prior to project construction.

80. According to MM BIO-1d, the applicant shall implement the protection of Active Bird Nests (includes pre-construction survey and implementation of avoidance buffer, if found). a. If the proposed project requires vegetation to be removed during the nesting season (February 1 to August 31), pre-construction surveys shall be conducted no more than 7 days prior to the start of ground or vegetation disturbance (including tree removal) to determine whether or not active nests are present within the project site and buffer area as appropriate. b. If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated disturbance level. (The California Department of Fish and Wildlife [CDFW] recommends a minimum noise disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot nodisturbance buffer around active nests of non-listed raptors.) A qualified Biologist shall delineate the avoidance buffer using Environmentally Sensitive Area (ESA) fencing, pin flags, and/or yellow 2996
caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s). c. The qualified Biologist shall monitor the active nest during construction activities and modify the protection zone accordingly to prevent project related nest disturbance, until the young have fledged.

81. According to MM BIO-1e, the applicant shall conduct Roosting Bat pre-construction surveys and avoidance.

A qualified Biologist with relevant roosting bat experience shall conduct a survey for special‐status bats during the appropriate time of day to maximize detectability to determine whether bat species are roosting near the work area no less than 7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.) within 250 feet of project construction activities (where accessible).

If the Biologist determines or presumes bats are present, the Biologist shall exclude the bats from suitable spaces by installing one‐way exclusion devices. After the bats vacate the space, the Biologist shall close off the space to prevent recolonization. Grading shall only commence after the Biologist verifies 7 to 10 days later that the exclusion methods have successfully prevented bats from returning. To avoid impacts on non‐volant (i.e., nonflying) bats, the Biologist shall only conduct bat exclusion and eviction from May 1 through October 1. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young).

82. According to MM BIO-1f, a qualified Biologist (i.e., a Biologist with at least 2 years of experience conducting surveys for western pond turtle detections) shall submit a wildlife exclusion fencing plan to the California Department of Fish and Wildlife (CDFW) for review and approval prior to starting construction. Exclusion fencing shall be installed along the western perimeter of the project site to prevent the species from traveling from North Slough onto the project site during construction. A qualified Biologist shall survey the project site and adjacent habitat within 72 hours of the start of project activities to determine whether western pond turtle or their nests are present and guide the installation of the exclusion fence. If western pond turtles are discovered, a qualified Biologist with experience handling and relocating the species shall move the species to the nearest suitable habitat outside of the project area and exclusion fencing. If western pond turtle nests are found, CDFW shall be notified prior to starting project activities, and the nest site plus a 50-foot buffer around the nest site shall be fenced with orange construction fence until eggs hatch and young turtles disperse to the adjacent North Slough. In addition, if nest(s) are located during surveys, moth balls (naphthalene) shall be sprinkled around the vicinity of the nest (no closer than 5 feet) to mask human scent and discourage predators. Grading within the nest site’s 50-foot buffer area shall be delayed until the young leave the nest as determined by a qualified Biologist. If the CDFW allows translocation of any nestling pond turtles this shall be completed by a qualified Biologist under the direction of the CDFW.

83. According to MM BIO-1g, activities such as vegetation removal, grading, or initial ground-disturbing activities shall be conducted between November 1 and July 31 (outside of the overwintering season) to the extent feasible. If such activities must be initiated during the overwintering season (August 1 through October 31), a pre-construction overwintering survey shall be conducted by a qualified Biologist no more than 7 days prior to vegetation removal, grading, or initial ground disturbance. The 2997
survey shall include the disturbance area and surrounding 250 feet to identify the location and status of any colonies that could potentially be affected either directly or indirectly by project activities. If no colonies are present, then project activities can commence as scheduled. If a colony is present, project construction shall cease immediately to avoid all direct and indirect impacts and report the presence of the colony to the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) and follow all recommendations provided by USFWS and CDFW.

84. According to MM CUL-1a, all construction personnel directly involved with project related ground disturbance shall attend a “tailgate” Worker Environmental Awareness Program (WEAP) training for archaeological resources. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may found within the project site, and procedures to be followed in the event such resources are encountered. The training shall be conducted by an Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology.

85. According to MM CUL-1b, an Archaeological Monitor reporting to the qualified Archaeologist, shall be present during the clearing, grading, and trenching phases of the proposed project to check for the inadvertent discovery of archaeological resources or human remains. Over the course of the proposed project, should the Archaeologist determine that the probability of inadvertent discovery is low, they may make a recommendation to the lead agency that monitoring be reduced to regular periodic or “spot-check” monitoring, or that monitoring may cease altogether.

86. According to MM CUL-1c, if buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the lead agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Master Plan area should be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA Guidelines.

If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the lead agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.

No further grading shall occur in the area of the discovery until the lead agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the lead agency where they would be afforded long-term preservation to allow future scientific study.

87. According to MM CUL-3, in the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. If during project construction, there is accidental discovery or recognition of any human remains, the following steps shall be taken:
2998
a. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resource Code Section 5097.98. b. Where the following conditions occur, the landowner or authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission. • The descendant identified fails to make a recommendation. • The landowner or authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner.

88. According to MM GEO-1, prior to the issuance of the building permit, recommendations from the Geotechnical Engineering Investigation prepared by Krazan & Associates (Environmental Impact Report [EIR] Appendix E) shall be incorporated into all project plans and applicable constructionrelated permits and submitted to the City of American Canyon for review and approval.

89. According to, MM GEO-5, although extremely unlikely, should any significant paleontological resources (e.g., bones, teeth, well-preserved plant elements) be unearthed by the construction crew, their activities shall be diverted at least 15 feet from the find until a professional Paleontologist has assessed it and, if deemed significant, salvaged in a timely manner. Collected fossils shall be deposited in an appropriate repository, such as the University of California Museum of Paleontology (UCMP), where they shall be properly curated and made available for future research.

90. According to MM HYD-1, prior to the issuance of grading permits or building permits (whichever occurs first), the project applicant shall obtain coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit) (Order WQ 2022-0057-DWQ, NPDES No.

CAS000002) by preparing a Storm Water Pollution Prevention Plan (SWPPP) and submitting it, along 2999
with a Notice of Intent (NOI), to the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay RWQCB). The City of American Canyon shall confirm that the applicant has prepared a SWPPP and obtained coverage under the General Permit prior to issuance of grading or building permits. The SWPPP shall identify a practical sequence for Best Management Practice (BMP) implementation and maintenance, site restoration, contingency measures, responsible parties, and agency contacts. The SWPPP shall address both the project site and adjacent parcel where soil stockpiles would be removed and the borrow pit would be created to provide fill for the project site.

The SWPPP shall include but not be limited to the following elements:
a. Temporary erosion control measures shall be employed for disturbed areas. b. No disturbed surfaces shall be left without erosion control measures in place during the winter and spring months. Disturbed areas shall be covered with soil stabilizers, mulch, fiber rolls, or temporary vegetation.
c. Sediment shall be retained on-site by a system of sediment basins, traps, or other appropriate measures. drop inlets shall be lined with filter fabric/geotextile. d. Discharge from the stormwater system shall be diffused in such a way as to mimic existing overland flow conditions.
e. The construction contractor shall prepare standard operating procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains. this may include locating construction-related equipment and processes that contain or generate pollutants in a secure way, away from storm drains, gutters, and wetlands; parking, fueling, and cleaning all vehicles and equipment in the secure area; designating concrete washout areas; and preventing or containing potential leakage or spilling from sanitary facilities. f. BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the RWQCB to determine adequacy of the measure. g. In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance as an interim erosion control measure throughout the wet season.

91. According to, MM TRANS-2, the proposed project shall develop a Transportation Demand Management (TDM) program to encourage employees to choose non-personal vehicle modes of transportation for commuting. This includes a commute trip reduction marketing initiative, through which the employer would disseminate information about available transportation options.

Strategies would include encouraging ride sharing among project employees and linking them to resources to find rideshare partners working nearby, such asthrough the Napa Valley Transportation Authority (NVTA) V-Commute program or the regional 511.org program. Marketing materials can also inform employees of resources such as the Guaranteed Ride Home Program, which provides free rides home in emergency situations for employees using non-personal vehicle transportation modes.
3000
PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the 19th day of November, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Leon Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney EXHIBITS:

A. CUP Plans
B. Confirmation of Conditions of Approval
3001

VINYL COMPOSITION TILE

UNLESS OTHERWISE NOTED

PT PRESSURE TREATED

TTB TEL TERMINAL BD

REDWOOD
SOUTH

SCHEDULE

SECTION
SHELVE

RTRWDSSARWLSCSDSCHEDSFSHSECT

RESILIENT TILE

RAINWATER LEADER

SUPPLY AIR GRILL

SOLID CORE

STORM DRAIN

SQUARE FOOT

LINEAL FOOT
LOCKER

LIVELOAD
LOUVER

LIGHTWEIGHT

MACHINE

MATERIAL

MAXIMUM

LFLKRLTWTLVRLLMACHMATMBMCMECHMAX

MACHINE BOLT

MEDICINE CABINET
EQUAL

EQUIPMENT

EASEMENT

EACH WAY

EXISTING

EXTERIOR

FIRE ALARMFACE BRICK

FIBERBOARD

EDGE NAIL

EQEWEQUIPESMTEXISTEXTENFAFBFBDEXP EXPANSION, EXPOSURE
ABOVE

ANCHOR BOLT

ACOUSTICAL

ABOVE FIN FLR

AGGREGATE

ALUMINUM

ALTERNATE

ADHESIVE

ABACACABVA/CAFFALADJAGGRALTADH

ASPHALT CONCRETE

AIR CONDITIONING

ADJACENT, ADJUSTABLE

ABBREVIATIONS
SHEET

SIMILAR
SINK

SEALANT
SQUARE

STANDARD

SHTSIMSJSKSMSSLNTSQSPECSSSTDS&RSP

STEEL JOIST

SHEET METAL SCREW

STRUCTURAL PLYWOOD

SPECIFICATION

SHELF & ROD(OR POLE)

SERVICE SK, STNLESS STL
STAIN

STORAGE

SUSPENDED
TREAD

TELEPHONE

STNSTORSUSPT & TRSTRUCTT&BTBDTGTEMPTELTA

STRUCTURAL

TOILET ACCESSORY

TOP & BOTTOM

TACKBOARD

TEMPERATURE

TEMPERED GLASS

STL STEEL
MEDIUM

MEMBRANE
METAL

MEZZANINE

MANHOLE

MINIMUM
MIRROR

METAL LATH

MEDMEMBMETMEZZMFRMHMIMINMIRMLMOMISC

MANUFACTURER

MALLEABLE IRON

MISCELLANEOUS

MASONRY OPENING
NEW

MOUNTED

MULLION

NATURAL
NUMBER

NOMINAL

NOT TO SCALE
NORTH

MTMTD(N)MULNATNICNONOMNTSN

METAL THRESHOLD

NOT IN CONTRACT

MR MOISTURE RESISTANT
TOILET
TOP OF

TREATED

TERRAZZO

T&GTHTOTOCTLTTOJ

TOPTOSTOWTRTDTRZOTOD

TONGUE & GROOVE

THICK(NESS)

TOP OF CURB OR CONC

TOP OF DECK

TOP OF JOIST

TOP OF PAVEMENT

TOP OF STEEL

TOP OF WALL

TYPICAL

UNDERCUT
URINAL

VERTICALVARIABLE

TYPUCULURUONVVARVBVCTVAT

UNDERWRITERS LAB

VINYL ASBESTOS TILE

VAPOR BARRIER
OVER

OBSCURE

ON CENTER

OVERHANG

OPENING
PER

OPPOSITE

O/OBSOCODOHOPNGOPPPBD/PCCPCPL

OUTSIDE DIAMETER

PARTICLEBOARD

PRECAST CONCRETE

PORTLAND CEM PLAS

PREFINISHED
PANEL
PAINT
POLISH

PREFORMED

PLASTER

PFPFINPLPLAMPJFPMPNLPOLPSIPRFPNTPLAS

PREFABRICATED

PREFORMED JOINT FILLER

PROPERTY LINE

PLASTIC LAMINATE

PRESSED METAL

POUNDS / SQUARE INCH

PERF PERFORATED

THOLD THRESHOLD

VESTIBULE
WEST
WOOD
WINDOW

WIRE GLASS
WITH

VGVESTWVWCWBWDWDWWGWHWMW/

VERTICAL GRAIN

VINYL WALL COVERING

WOOD BASE

WATER HEATER

WOOD MOULDING

WITHOUT

WAINSCOT
W/OWP

WPTWRWSWNSTWWMWWF

WEATHERPROOF

WORK POINT

WATER RESISTANT

WOOD SCREW

WELDED WIRE FABRIC

WELDED WIRE MESH

PROPERTY
POINT

PARTITION

PAVEMENT

PLYWOOD

QUARRY TILE
RISER

PROPPTPTNPVCPVMTPWDQTRRARB

POLY VINYL CHLORIDE

RETURN AIR GRILL

RESILIENT BASE

ROOF DRAIN

REINFORCING
REMOVE

REQUIRED
ROOM

RIGHT OF WAY

RDREFREMREQDREINFRMROROWRF

REFRIGERATER

RESILIENT FLOOR

ROUGH OPENING

RCP REINFORCED CONC PIPE

VERT VERTICAL

FLOOR DRAIN

FOUNDATION
F.E. CABINET

FINISH FLOOR
FINISH

FIRE HOSE

FIXTURE

FLASHING

FIXED GLASS

FDFDNFECFFFEFHFHCFIXTFL'GFINFG

FIRE EXTINGUISHER

FIRE HOSE CABINET

FLUORESCENT

FACE OF

FACE OF FINISH

FACE OF STUD

FIREPROOF

FIRETREATED

FULL SCALE

FOOT, FEET

FOFOBFOCFOFFOMFLUORFOSFPRFFRPFSFTFRTD

FACE OF BRICK, BLOCK

FACE OF CONCRETE

FACE OF MASONRY

FBGL REINF PANEL

FLR FLOOR
AT

ACCESS PANEL

APPROXIMATE

BACKERBOARD
BOARD
BELOW
BLOCK

BETWEEN

BUILDING LINE

BUILDING
AP@APPROXARCHBBDBDBLBELBTWNBLDGBLK

ARCHITECT(URAL)
BRICK
BOTTOM

BLOCKING

BOTTOM OF

BEARING
BRONZE
BEVEL

BACKSPLASH

BUILT-UP ROOF

BOTH WAYS

BRACKET

BMBOBLKGBOTTBRGBRKBSBWBRZBURBVLBRKT

BEAM, BENCH MARK

FURRING

FURNISH(ING)
FUTURE

FIELD NAIL
GLASS

GALVANIZED

GLAZED CMU
GRADE
GAUGE

FURFURNFNFUTGBGDGCGALVGCMUGA

GYPSUM BOARD

GENERAL CONTRACTOR

GOVERNMENT
GYPSUM

HORIZONTAL

HANDICAP

HOSE BIBB

HOLLOWCORE

HARDBOARD

HARDWARE

HOLLOW METAL

HORIZONTAL

GSGYPH(H)GOVTHBHCHMHDBDHDWRHORIZ

GALVANIZED STEEL
GL
COURSE
CEMENT

CABINET

CATCH BASIN

CHAMFER

CHALK BOARD

CEILINGCLOSET
CLEAR

CONTROL JOINT

CENTERLINE

CONST MANAGER

CCBCABTCEMCHAMCBDCJ

CLCMCLGCLOCLR
COLUMN

CLEANOUT

CONCRETE

CONSTRUCTION

CONTINUOUS
CARPET

COUNTERSINK

CERAMIC TILE

CUBIC YARD

CONTRACTOR

COCMUCOLCONCCONSTCONTCYCTCPTCNSKCONTR

CONC MASONRY BLOCK

FTG FOOTING
HOUR
INVERT

INCLUDED

INSTALL

INSULATION

INTERIOR

IRON PIPE
INCH

HRHFSIDHRUINCLINSTINTINVINSULIN

HALF FULL SCALE

HEAT RECOVERY UNIT

INSIDE DIAMETER
JOIST
JOINT

KNOCKDOWN
LENGTH

LAMINATE

LAVATORY

LAG BOLT

JSTJTKDLLAMLAVLBIP

DRAIN INLET

DIAMETER

DIMENSION

DIVIDER

DEAD LOAD
DOWN
DEEP

DOWNSPOUT

DRAWING
DRAWER

DFDIDLDIADIMDIVDNDPDSDWGDWR

DRINKING FOUNTAIN
EAST
EACH

EXISTING

EXPANSION BOLT

EXPANSION JOINT

ELECTRICAL

ENCLOSURE

ELEVATION
(E)EEAEJEBEDFELECELEVENCLEL

ELEC DRINK FOUNTAIN

ELEVATOR, ELEVATION

DTL HT DETAIL HEIGHT

ANOD FBGL ANODIZED FIBERGLASS MECHANICAL

MATCH LINEDETAIL CUTSECTION CUT

DOOR NUMBERWINDOW TYPE

DATUM POINT

REVISION

GRID LINE

SYMBOLS SHEET INDEX VICINITY MAP

PROJECT DATA
APN 058-030-069
1055 Commerce Court
SDG Commerce 220 Distribution Center
American Canyon, CA 94503
SITE
ADDRESS:A.P.N.
1055 Commerce Court058-030-069
SITE AREA BREAKDOWN:

GROSS SITE AREA 443,005 SF 100 %
BUILDING AREA 219,834 SF 49.6 %
NON PERMEABLE 116,114 SF 26.2 %
LANDSCAPE 40,893 SF 9.2 %
POND AREAS 37,957 SF 8.6 %
WETLANDS and SETBACK 28,207 SF 6.4 %
BUILDING BREAKDOWN:

GROSS BUILDING 219,834 SF
DISTRIBUTION CENTER 219,120 SF
ELECTRICAL ROOM 390 SFFIRE PUMP ROOM 324 SF
BUILDING OCCUPANCY:BUILDING TYPE:BUILDING CODES:

FUTURE B/S1

TYPE III-B, SPRINKLERED
2022 CALIFORNIA BUILDING CODE2022 CALIFORNIA PLUMBING CODE2022 CALIFORNIA MECHANICAL CODE2022 CALIFORNIA ELECTRICAL CODE2022 CAL GREEN BUILDING STANDARDS SPRINKLERED: NEW ESFR TYPEZONING:
2022 CAL ENERGY CODE
REC
MAX STORIES 3, CBC TABLE 504.4
GROSS BUILDING AREA: 2 SFSTORIES:HEIGHT: MAX HEIGHT 75', CBC TABLE 504.3WILD LAND URBAN INTERFACE NOSPECIAL FLOOD HAZARD ZONE AE (SEE CIVIL DRAWINGS)OCCUPANT LOAD: OCCUPANT LOAD at 1/500 = 439 PERSONS

PROJECT CONTACTS
OWNERSDG COMMERCE 220, LLCMadera, CA 93637413 W. Yosemite, Suite 105ARCHITECTURAL:

T1 TITLE SHEET
A1 SITE PLANA1.1 ENLARGED PARKING LOT PLANSA1.2 TRASH ENCLOSURE & MONUMENT SIGNA2 OVERALL BUILDING FLOOR PLANA2.1 ROOF PLANA3 BUILDING ELEVATIONSA3.1 PARTIAL BUILDING ELEVATIONSA4 BUILDING SECTIONS LANDSCAPE:L1 LANDSCAPE SITE PLANL2 PLANT LEGENDL3 WATER USAGE HYDROZONE PLAN CIVIL:

UP1.0 COVER SHEETUP2.0 PAVING & LAYOUT PLANUP3.0 GRADING PLAN: SEUP3.1 GRADING PLAN: NEUP3.2 GRADING PLAN: NWUP3.3 GRADING PLAN: SWUP3.4 SITE SECTIONSUP4.0 UTILITY PLAN: SEUP4.1 UTILITY PLAN: NEUP4.2 UTILITY PLAN: NWUP4.3 UTILITY PLAN: SWUP5.0 EROSION & SEDIMENT CONTROL PLANELECTRICAL:E1.1 PHOTOMETRIC SITE PLAN SCOPE OF WORK:

CONSTRUCT A NEW WINE STORAGE DISTRIBUTION CENTER ON AN APPROXIMATE 10.17 ACRE PARCEL ON COMMERCE COURT. THE DEVELOPMENT INCLUDES 23 LOADING DOCKS, 3 GRADE LEVEL OVERHEAD DOORS, AND PROVISIONS FOR FUTURE OFFICES SPACES. INTERIOR WILL INCLUDE WAREHOUSE LIGHTING AND REFRIGERATION.

PLANNING AND CONDITIONAL USE PERMIT NOTES:

1. CITY OF AMERICAN CANYON, CONDITIONAL USE PERMIT FILE NUMBER PL23-0017

2. PROJECT ENTITLEMENT IS A CONDITIONAL USE PERMIT.

NOTES

1. CONTRACTOR SHALL UTILIZE A CONSTRUCTION WASTE MANAGEMENT PLAN (CWM) IN ACCORDANCE WITH CALGREEN SECTION 5.408, OF RECYCLING OR REUSE OF 65% OF NON HAZARDOUS DEMOLITION WASTE.

2. CONTRACTOR SHALL CONTROL POLLUTANTS DURING CONSTRUCTION IN ACCORDANCE WITH CALGREEN SECTION 5.504. PROVIDE PROTECTION TO

DUCT OPENINGS AND MECHANICAL EQUIPMENT, COMPLY WITH AIR POLLUTION

CONTROL MEASURES AND VOC LIMIT FOR ALL FINISH MATERIALS, ADHESIVES, SEALANTS AND CAULKS.

3. THE BUILDING SHALL BE EQUIPPED WITH AN ESFR FIRE SPRINKLER SYSTEM. 559 674 0906
CIVIL ENGINEER:RSA+ Civil EngineersNapa, CA 945591515 Fourth Street707 252 3301GEOTECHNICAL ENGINEER:Krazan & Associates, Inc.Sacramento, CA 958414320 Orange Grove Avenue St E-F916 564 2200 Contact: John Wojtas
GENERAL CONTRACTOR:Industrial & Commercial Contractors, LPMadera, CA 93637413 W. Yosemite, Suite 105559 674 0906Contact: Jason Scrivner STRUCTURAL ENGINEER:Vaziri Structural EngineeringSan Rafael, CA 94901905 4th Street415 453 0733ELECTRICAL CONTRACTOR:Bosley Electric CompanySacramento, CA 95815935 Arden Way916 568 5180 Preliminary Drawing Submission for:

TITLE SHEET
August 1, 2023
www.wardarchitects.com
413 W. Yosemite, Suite 105
Madera, CA 93637
559 674 0906
1055 Commerce Court
American Canyon, CA 94503
APN 058 030 069
Madera, CA 93637
413 W. Yosemite, Suite 105
Coeur d'Alene, Idaho
PO Box 1649
Phone 707 320 4030
architecture | landscape architecture
1 September 20, 2023
1 SDG Commerce 220 Draft EIR - Attachment 6: Project Plans 3002

77.00' 301.00' 77.00' 275.00' 92.00'
(4)@9'=36.00' 6.00' 22.00' 22.00' 22.00'

80.00' 25.00' 25.00'

70.00' 10.00' TYP 9.00' TYP CPACP CPACP CPACP CP CP TACP TACP

75.50'R50.00' EXISTING 16'8x11'4 TRASH ENCLOSURE PROPERTY LINE 891.00047' (3) CAV
(3) CAV
COMMERCE COURT 4 BIKE RACK FOR PARKING LOT 'C' SEE CA1.1 FOR PARKING LOT 'B' SEE BA1.1 FOR PARKING LOT 'A' SEE AA1.1 5.00' TYP 6'' CONCRETE CURB, TYP 3.00' ELEC RM FIRE MECH ENCL

32.21'

60.00' YARD

3.00' T
25'
DRIVEWAY PROPERTY LINE 822.03179' PROPERTY LINE

30.00' ESMT

60.00' SETBACK PUMP GRADE BREAK

28.21'
PAVED 22.00' CPACP 5 4 3 2 1 10 9 8 7 6 15 14 13 12 11 20 19 18 17 16 23 22 21 DISTRIBUTION CENTER 219,834 SF FIRE PUMP ELECTRICAL ROOM ROOM MECHANICAL EQUIPMENT ENCLOSURE WETLAND WETLAND 30.00' T

28.00' 2-BIKE LOCKERS 2-BIKE LOCKERS 2-BIKE LOCKERS SIDEWALK UP TO STREET 9 & SETBACK 25.00'

70.00' C BIORETENTION / DETENTION POND 10.17 ACRES (2) 6'' BOLLARDS W/ CHAIN BARRIER (2) 6'' BOLLARDS W/ CHAIN BARRIER EV MONUMENT SIGN SEE SHEET A1.1 & SETBACK EXISTING DISTRIBUTION CENTER EXISTING DISTRIBUTION CENTER PROPERTY LINE 531.227' 1075 COMMERCE COURT 1005 COMMERCE COURT CPACP CPACP PARKING LOT 'C' PARKING LOT 'B' PARKING LOT 'A' 12x14 OHD 12x14 OHD 12x14 OHD LEGEND: ACP TACP CP LIGHT STANDARD 30' HIGH SEE ELECTRICAL FIRE HYDRANT SEE CIVIL CONCRETE AUTO ASPHALT PAVING SEE CIVIL FIRE TRUCK ASPHALT PAVING SEE CIVIL CONCRETE PAVING SEE CIVIL 4'' YELLOW PAINTED LINES @ 3' O.C. C DENOTES COMPACT PARKING STALL PARKING COUNT: 5 ACCESSIBLE STALLS (5) REQ'D 103 REGULAR STALLS 1 COMPACT STALLS ELECTRIC VEHICLE STALLS 1 VAN ACCESSIBLE (EVSE) 5 ELECTRIC VEHICLE (EVSE) 19 ELECTRIC VEHICLE CAPABLE (EVCS) 134 TOTAL PARKING SEE ALSO SHEET A1.1 & A1 NORTH SITE PLAN SCALE: 1'' = 40' PRELIMINARY Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture SITE PLAN 3003
(6) STALLS @ 9' EACH = 54'-0" 3'-0" 6'-0"
9'-0" 8'-0" 9'-0" (3) STALLS @ 9'=4'' EACH = 28'-0" 6'-0" 17'-0" 26'-0" 16'-0" 2'-0" 22'-0" 9'-0" 14'-0" 2'-0" 7'-11
1 4
"
3'-0" 4'-0" 4'-6"
4'-0" MECH PAD 3' TRUNCATED DOME TRAFFIC WARNING, TYP PLANTER

RAMP UP TO
OHD SEE CIVIL STOREFRONT TYPICAL CONCRETE WALL TYPICAL (2) BIKE LOCKER PLANTER, TYP BUMPER OVERHANG, TYP 12'x14' OHD PLANTER PLANTER 3' TRUNCATED DOME TRAFFIC WARNING, TYP GUARDRAIL TYPICAL (6) STALLS @ 9' EACH = 54'-0" 9'-1
1 4
"
9'-0" 8'-0" 9'-0" (4) STALLS @ 9' EACH = 36'-0" 9'-5
1 8
" 17'-0" 26'-0" 16'-0" 10'-0" 7'-0" 24'-0" 26'-0" 26'-0" 3'-0"4'-6"
8'-0" 9'-6"
7'-0" 22'-0"
7'-6" MECH PAD
MECH PAD (2) BIKE LOCKER

RAMP UP TO
OHD SEE CIVIL 12'x14' OHD PLANTER PLANTER PLANTER EXISTING TRASH ENCLOSURE PLANTER, TYP BUMPER OVERHANG, TYP FH GUARDRAIL TYPICAL 16'-0" 26'-0" 17'-0" 10'-0" 8'-0" 11'-4" 3'-0"
(8) STALLS @ 8'-8'' EACH = 61'-1
1 4
"
9'-5
1 4
" (4) STALLS @ 9-'3'' EACH = 37'-0" 9'-0" 8'-0" 9'-0" 3'-0" 27'-0" 9'-5" 28'-0" 9'-11" 16'-8" 16'-4"
(7) STALLS @ 9' EACH = 63'-0" 16'-0" 22'-0"
5'-0" 6'-0"
8'-0" MECH PAD (2) BIKE LOCKER

RAMP UP TO
OHD SEE CIVIL 12'x14' OHD PLANTER PLANTER EXISTING TRASH ENCLOSURE PLANTER, TYP BUMPER OVERHANG, TYP PLANTER, TYP PLANTER FH 3' TRUNCATED DOME TRAFFIC WARNING, TYP GUARDRAIL TYPICAL A1.1 PARKING LOT 'A' NORTH SCALE: 1'' = 10' PARKING LOT PLANS NORTH PARKING LOT 'B' SCALE: 1'' = 10' NORTH PARKING LOT 'C' SCALE: 1'' = 10' B
A
C Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture 3004
8'-0" 1'-4" 5'-4" 1'-4"
4'-8"
4'-2" 6"
6"
MIN 1'-0" 8" 2'-0" 4'-0" 2'-0" 2" 2" 1 MONUMENT SIGN 3/4'' = 1'-0'' END ELEVATION PROFILE FRONT ELEVATION 1055 COMMERCE COURT SDG Commerce SDG Distribution Center 34" TYP 34" TYP 34" TYP 3/4'' CHAMFER TYPICAL 1 INCH RAISED LETTERS, TYPICAL METAL SIGN WITH TEX-COTE COVERING SEPARATE PERMIT REQUIRED 2'-012" 9" 1012" 6" COLORS TO MATCH BUILDING 16'-8"
11'-4" 4'-8" 7'-4" 4'-8"
6'-0"
10'-0" 12 1/2 2 EXISTING TRASH ENCLOSURE SCALE: 1/4'' = 1'-0'' CMU WALLS IRON GATE METAL CANOPY ROOF PREFINISHED CMU WALLS IRON GATE SPLIT FACE TAN SPLIT FACE TAN PAINTED EXPOSED PAINTED STEEL STRUCTURE TYPICAL CONCRETE SLAB SLOPE PER CIVIL NOTE: TRASH ENCLOSURES ARE WITH THE 1005 COMMERCE COURT BUILDING. EXISTING. THEY WERE CONSTRUCTED A1.2 SITE DETAILS Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture 3005

COL COL COL COL COL COL COL COL COL COL COL
COL
COL

COL COL COL COL COL COL COL COL COL COL COL
COL
COLCOL COL COL COL COL COL COL COL COL COL DS FIRE PUMP ELECTRICAL ROOM ROOM 672'-0" 332'-0" 476'-0" 196'-0"
334'-0"
2'-0" 35'-0" COL COL297'-0" FLOOR PLAN SCALE: 1/32''' = 1'-0'' NORTH DISTRIBUTION CENTER 219,834 SF 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 EQUIP ENCLOSURE PR 5' GATES 20' x 40' 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 1 13 2 3 4 5 6 7 8 9 10 11 12 A BCDEF G DS DS DS DS DS DS DS DS DS DS DS DS DS DS DS DS A2 FLOOR PLAN Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture June 27, 2023 3006
ROOF PLAN SCALE: 1/32''' = 1'-0'' NORTH BA4 AA4AA4 WHITE TPO ROOF COVERING THROUGHOUT SOLAR ROOF AREA ±34,272 SF ±102'-0" 65'-0" ±336'-0" 168'-0" RIDGE + 36.375' BA4 NOTE: TOP OF ROOF ELEVATIONS ARE TO DRAINAGE POINTS. DRAINAGE POINTS ARE AT TOP OF 5'' RIGID INSULATION. FIRE PUMP ELECTRICAL ROOM ROOM + 35.33' + 34.22' + 35.33' + 34.22' 12 .25
12 31' DRAIN
.25 34' 29.92' DRAIN 29.92' DRAIN 29.92' DRAIN 29.92' DRAIN 29.92' DRAIN 34' 34' 34' 34' 34' 31' DRAIN

31.92' DRAIN 34.25' 31.92' DRAIN 31.92' DRAIN 34' 34' 34' 672'-0" 332'-0" 476'-0" 196'-0"
334'-0"
2'-0" 35'-0" 297'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 56'-0" 1 13 2 3 4 5 6 7 8 9 10 11 12 A BCDEF G 29.92' DRAIN 34' 31.92' DRAIN 31.92' DRAIN 31.92' DRAIN 31.92' DRAIN 34' 34' 34' 34' 34' 31' DRAIN 31' DRAIN 34' 10'-0" 168'-0" A2.1 ROOF PLAN Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture 1 September 20, 2023 3007
NORTH ELEVATION SCALE: 1'' = 30' EAST ELEVATION SCALE: 1'' = 30' WEST ELEVATION SCALE: 1'' = 30' SOUTH ELEVATION SCALE: 1'' = 30' METAL STAIR & LANDINGS TYPICAL 13 12 11 10 9 8 7 6 5 4 3 2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 A B C D E F G G F E D C B A AA4 BA4 BA4 AA4 11'-0"
34'-4" 1055 SCREEN WALL NIGHT AIR INTAKE LOUVER, TYPICAL CONCRETE WALL CONSTRUCTION TEXCOTE, TYPICAL CONCRETE WALL CONSTRUCTION TEXCOTE, TYPICAL REVEAL LINES & COLOR CHANGE 12'x14' OHD 12'x14' OHD 12'x14' OHD ALUMINUM STOREFRONT WITH GLASS AT FLOOR LEVEL TEX-COTE FOAM CORNICE NIGHT AIR EXHAUST FAN, TYPICAL WALL PACK LED LIGHTING @ +27' AFF, TYPICAL BUILDING ADDRESS METAL STAIR & LANDINGS TYPICAL 9' x 10' OHD AT TRUCK DOCKS METAL SOFFIT EYE BROW CANOPY AT UPPER LEVEL, TYP METAL RECESSED SPANDREL GLASS ALUMINUM STOREFRONT (8) LOADING DOCKS (15) LOADING DOCKS EYEBROW CANOPY OVER UPPER GLAZING CANOPY OVER STOREFRONTS CANOPY OVER DOCK MAN DOORS TEXCOTE / PAINT COLOR SCHEDULE: 1 ACCENT COLOR #1 2 ACCENT COLOR #2 Sacred Vortext KM4573 3 BODY COLOR #1 Cobblestone Street KM4571 4 BODY COLOR #2 Dry Dock KM4574 Colors are Kelley Moore Paint Company Nectar of the Gods KMA48-5 A3 BUILDING ELEVATIONS BUILDING HEIGHT RIDGE + 36.375' EAVE + 32.2' AVERAGE ROOF HEIGHT +34.28' Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture June 27, 2023 3008
SECTION 'B' - WEST HALF SECTION 'A' SCALE: 1/16'' = 1'-0'' BA4 SCALE: 1/16'' = 1'-0'' 35'-0"
35'-0"
+35.33' +34.22' +31.92' DRAIN +36.375' RIDGE +35.33' +34.22' +29.92 DRAIN 12 .25 12 .25 12 .25 12 .25 12 .25 12 .25 TUBE STEEL COLUMN SEE STRUCTURAL TPO ROOFING O/ 5'' RIGID INSULATION, O/ STRUCTURAL PLYWOOD PREFAB JOISTS SEE STRUCTURAL PREFAB GIRDER SEE STRUCTURAL PIER FOOTING SEE STRUCTURAL CONCRETE TILT UP WALL SEE STRUCTURAL G F E D C B A 1 2 3 4 5 6 7 ROOF HEIGHTS ARE TO TOP OF 5'' RIGID INSULATION SECTION 'B' - EAST HALF AA4 SCALE: 1/16'' = 1'-0'' 35'-0" 7 8 9 10 11 12 13

MATCH LINE
MATCH LINE A4 BUILDING SECTIONS Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture 3009
L1 PLANT LEGEND GENESIS BIKE RACK - GNS-4-SF 4 BIKE, SURFACE MOUNT POWDER COAT FINISH - CUSTOM COLOR TBS RAL COLOR TO MATCH BLDG ACCENT COLOR MANUF. MADRAX 1-800-448-7931 FOUR BIKE - BIKE RACK BY MADRAX N.T.S. NON IRRIGATED HYDROSEED MIXES BY PACIFIC COAST SEED TRACY, CA 925-373-4417 WWW.PCSEED.COM MANUFACTURER'S SPECIFICATIONS HYDROSEED INSTALLATION AND PREPARATION PER NOTE: RR Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture 3010
EXISTING TRASH DETENTION / BIORETENTION LIGHT STANDARD, TYPICAL SYMBOL POND PER CIVIL. POND SIDES AND BOTTOM TO BE HYDROSEEDED SEE PLANTING LEGEND SHEET L1 2'' TO 4'' COBBLE SEE PLANTING LEGEND SHEET L1 FOR SPEC BIKE RACK (4) SEE SHEET L1 FOR SPEC / CUT SHEET 9 PLANT (1) NEW ARBUTUS OF LIKE SIZE AS EXISTING SCREEN SHRUBS, TYP. ENCLOSURE EXISTING TRASH ENCLOSURE BIKE RACK (4) SEE SHEET L1 FOR SPEC / CUT SHEET BIKE RACK (4) SEE SHEET L1 FOR SPEC / CUT SHEET ACCESSIBLE PATH OF TRAVEL CONCRETE NATURAL COLOR, TYP. PLANTING AREA TYP. SEE PLANTING LEGEND SHEET L1 PLANTING AREA, TYP. SEE PLANTING LEGEND SHEET L1 PLANTING AREA, TYP. SEE PLANTING LEGEND SHEET L1 WETLAND TO BE PRESERVED WETLAND TO BE PRESERVED RELOCATED EXISTING TREE (9) TOTAL. TREE SYMBOL, TYP. SEE TREE PLANTING LEGEND, SHEET L1. AMERICAN CANYON GRASSLAND MIX W/ FORBES HYDROSEED SEE PLANTING LEGEND SHEET L1 RETAINING WALL TREE SYMBOL, TYP. SEE TREE PLANTING LEGEND, SHEET L1. (11) EXISTING TREES. (9) TO BE RELOCATED TO NORTH PL SEE NOTE BELOW PLANTING AREA, TYP. SEE PLANTING LEGEND SHEET L1 RETAINING WALL RELOCATED EXISTING TREE (9) TOTAL. SEE NOTE BELOW 2'' TO 4'' COBBLE SEE PLANTING LEGEND SHEET L1 FOR SPEC (2) TO BE RELOCATED ALONG COMMERCE CT. SEE ABOVE PLANTING AREA, TYP. SEE PLANTING LEGEND SHEET L1 REMOVE EXISTING SHRUBS AT SOUTH PROPERTY LINE, TYP. (2) RELOCATED TREES TO BE REPLACED, AS WELL AS ANY SHRUBS DAMAGED DURING CONSTRUCTION, WITH LIKE KIND AND SIZE AT REMOVAL. RELOCATE (2) EXISTING TREES SEE PLANTING LEGEND SHEET L1 R R R R R R RR R R R R R IRRIGATION POC & CONTROLLER L2 NORTH SITE PLAN / TREE PLAN SCALE: 1'' = 40' PLAN TREE PLANTING SEE PLANTING LEGEND, SHEET L1 Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture 3011
5 4 3 2 1 10 9 8 7 6 15 14 13 12 11 20 19 18 17 16 23 22 21 9 WETLAND WETLAND POND DISTRIBUTION CENTER ZONE 1 SYMBOL HYDROZONE LANDSCAPE TYPE IRRIGATION AREA SHRUB AUTOMATIC DRIP 35,608 SF ZONE 2 5285 SF ZONE 3 HYDROSEED NON IRRIGATED 12,634 SF ZONE 4 NON IRRIGATED 25,323 SF GROUNDCOVER SEE ZONES HYDROSEED AUTOMATIC DRIP N/A SHRUB AUTOMATIC DRIP GROUNDCOVER AT POND LEGEND TREES HYDROZONE USAGE MIXED MIXED NONE NONE N/A WATER NON MAXIMUM APPLIED WATER ALLOWANCE (MAWA): 45.8 x 0.62 x [(0.7 x 40,893 SF) + ( 0.3 x 40,893 SF)] = 1,145,004 GAL/YEAR WATER USAGE CALCULATION 1 THRU 2 FACTOR .29 .29NONE NONE N/A PLANT ESTIMATED TOTAL WATER USAGE (ETWU): 45.8 x 0.62 x [(11,859/.71)+11,859] = 811,041.4 GAL/YEAR ETWU 811,041.4 GPY LESS THAN MAWA 1,145,004 GPY - IRRIGATION COMPLIES L3 NORTH HYDROZONE KEY PLAN SCALE: 1'' = 50' HYDROZONE PLAN HYDROZONE LEGEND Owner: August 1, 2023 www.wardarchitects.com Project:Ward Architects, Inc. SDG Commerce 220, LLC Contractor: 413 W. Yosemite, Suite 105 Madera, CA 93637 559 674 0906 1055 Commerce Court American Canyon, CA 94503 APN 058 030 069 SDG Commerce 220 Distribution Center Sheet: Madera, CA 93637 Industrial and Commercial Contractors, LP 413 W. Yosemite, Suite 105 Coeur d'Alene, Idaho PO Box 1649 Phone 707 320 4030 architecture | landscape architecture 3012
SDG COMMERCE 220 DISTRIBUTION CENTER